Department Of Parliamentary Services Summary

[2025] FWCA 1478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Department Of Parliamentary Services

(AG2025/1113)

PARLIAMENTARY OFFICERS’ (NON-EXECUTIVE STAFF – VICTORIA) SINGLE ENTERPRISE AGREEMENT 2025.

State and Territory government administration
COMMISSIONER CONNOLLY	MELBOURNE, 5 MAY 2025

Application for approval of the Parliamentary Officers’ (Non-Executive Staff – Victoria) Single Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Parliamentary Officers’ (Non-Executive Staff – Victoria) Single Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Department Of Parliamentary Services (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 April 2025.

The notification time for the Agreement under s.173(2) was 3 September 2024 and the Agreement was made on 11 April 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

The “CPSU, the Community and Public Sector Union”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 9 April 2028.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Department of Parliamentary Services to the Fair Work Commission for approval of the Parliamentary Officers’ (Non-Executive Staff – Victoria) Single Enterprise Agreement 2025. The application was made to ensure that the proposed agreement would meet the statutory requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the necessary provisions and whether it complied with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement satisfied the requirements for a single enterprise agreement under the Act, particularly in terms of the inclusion of essential terms and conditions, and whether it provided for the appropriate minimum entitlements for non-executive staff. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of the employees and the employer, and whether it was consistent with the overarching objectives of the Fair Work Act.

The Commission found that the proposed agreement met the statutory requirements and contained all necessary terms and conditions. The agreement was deemed to provide for the appropriate minimum entitlements and was found to be fair and reasonable in balancing the interests of both the employees and the employer. The Commission also considered the broader objectives of the Fair Work Act, including the promotion of cooperative workplace relations and the encouragement of high-quality enterprise bargaining. Consequently, the Commission approved the agreement, finding it to be in compliance with all relevant legislative provisions.

The Fair Work Commission approved the Parliamentary Officers’ (Non-Executive Staff – Victoria) Single Enterprise Agreement 2025, effective from 1 January 2025. The decision was based on the findings that the agreement met all statutory requirements, provided for the appropriate minimum entitlements, and balanced the interests of the employees and the employer. The approval ensures that the agreement will facilitate cooperative workplace relations and align with the objectives of the Fair Work Act.

Department Of Parliamentary Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established