DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commonwealth of Australia as represented by the Department of Veterans' Affairs T/A Department of Veterans' Affairs
(AG2018/6134)

DVA ENTERPRISE AGREEMENT 2019-2022

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the DVA Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the DVA Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Commonwealth of Australia as represented by the Department of Veterans’ Affairs T/A Department of Veterans’ Affairs. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Salaried Medical Officers Federation and CPSU, the Community and Public Sector Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 24 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of The Commonwealth of Australia as represented by the Department of Veterans' Affairs T/A Department of Veterans' Affairs, the Federal Circuit and Family Court of Australia was tasked with determining whether the DVA Enterprise Agreement 2019-2022 should be approved. The Department of Veterans' Affairs sought approval of the agreement, which governs the employment conditions of its staff, from the Court. The application for approval arose due to the need to resolve certain disputes and to formalise the terms under which the employees would work.

The legal issues before the Court involved whether the agreement met the necessary statutory requirements, including whether it complied with the Public Sector Management Act 1994 and the Public Sector Management Regulations 1999. It was necessary to examine if the agreement provided for fair and reasonable terms, and whether it had been genuinely bargained between the employer and the employee representatives. Additionally, the Court had to assess whether the agreement contained provisions that were inconsistent with any applicable laws or if it unfairly disadvantaged any particular group of employees.

In reaching its decision, the Court considered the submissions from both the Department of Veterans' Affairs and the relevant employee representatives. The Court found that the agreement contained terms that were fair and reasonable, and that it had been genuinely negotiated. The provisions of the agreement were also found to be compliant with the relevant legislation, and no provisions were identified that unfairly disadvantaged any group of employees. Based on these findings, the Court approved the DVA Enterprise Agreement 2019-2022.

The Commonwealth of Australia as represented by the Department of Veterans' Affairs T/A Department of Veterans' Affairs

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established