Public Service Association And Professional Officers' Association Amalgamated Union Of New South Wales T/A Public Service Association Of New South Wales

[2024] FWCA 2095

[2024] FWCA 2095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Public Service Association And Professional Officers' Association Amalgamated Union Of New South Wales T/A Public Service Association Of New South Wales

(AG2024/1667)

PUBLIC SERVICE ASSOCIATION OF NSW STAFF ENTERPRISE AGREEMENT 2024

Clerical industry
COMMISSIONER TRAN	MELBOURNE, 6 JUNE 2024

Application for approval of the Public Service Association of NSW Staff Enterprise Agreement 2024

1. Public Service Association And Professional Officers’ Association Amalgamated Union Of New South Wales T/A Public Service Association Of New South Wales has applied for approval of an enterprise agreement known as the Public Service Association of NSW Staff Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 37.9 may be inconsistent with s 97 of the Act regarding taking paid personal/carer’s leave;

-     Clause 37.13 as it contains more stringent requirements than s 107(3) of the Act regarding notice and evidence;

-     Clause 52.5 may operate to withhold NES payments and appears to be in breach of s 324 and unenforceable under s 326; and

-     Clause 54.1(c) provides less beneficial redundancy pay for employees who have completed 1 but less than 2 years of service and who would be otherwise be entitled to 4 weeks’ pay under s 119(2).

1. As the Agreement now contains a National Employment Standards precedence clause provided as part of the undertakings, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Industrial Staff Union, the United Workers’ Union and the Australian Municipal Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers each organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 June 2024.

1. In accordance with Clause 4.1, the nominal expiry date of the Agreement is 30 September 2026.

Variation

1. In the process of applying for the approval of this Agreement, the Commission’s Agreements Team identified that references to clause numbers in the Agreement’s consultation clause may have been in error.

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of the errors, and making enquiries with the Applicant. The Applicant provided an amended copy of the Agreement, with only the amendments identified above. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 13 June 2024.

COMMISSIONER

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Annexure A