The Department of Industry, Science and Resources

[2024] FWCA 1207

[2024] FWCA 1207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Department of Industry, Science and Resources

(AG2024/664)

DEPARTMENT OF INDUSTRY, SCIENCE AND RESOURCES ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2024

Application for approval of the Department of Industry, Science and Resources Enterprise Agreement 2024 – 2027

1. An application has been made for approval of an enterprise agreement known as the Department of Industry, Science and Resources Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Department of Industry, Science and Resources. The Agreement is a single enterprise agreement.

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

1. The Community and Public Sector Union (CPSU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

Variation

1. On 26 March 2024 the Applicant lodged a Form F1 with my Chambers seeking a variation to the enterprise agreements to correct or amend errors, defects or irregularities.

1. The Applicant sought the following orders from the Commission: 

1.The Fair Work Commission orders, pursuant to section 218A of the Fair Work Act 2009, that the Department of Industry, Science and Resources Enterprise Agreement 2024-2027 (Agreement) be varied as follows:

a.at clause 152, by deleting the reference to "per cent per cent" in each row in the right hand column of the table and replacing it with "per cent";

b.at clause 400.1, by deleting the word "if";

c.at clause 477, by deleting the reference to "recreation leave" and replacing it with "annual leave";

d.at table AA.3, deleting the reference to "$78,364" for APS5.1 (TMO 2) employees in the "Salary prior to 14 March 2024" column and replacing it with "$78,634"; and

e.at the table found in clause AC.1 in Attachment C, by deleting the reference to "recreation leave" and replacing it with "annual leave".

2.The variations at Order 1 will operate from the date on which the Agreement commences operation.

3.A copy of the Agreement incorporating the variations made at Order 1 be published with the decision approving the Agreement. 

1. The Applicant sought the consent of bargaining representatives on the orders listed. Consent was provided by the CEPU, APESMA, Alicia Brown and Arig Saeed. Evidence of this consent was lodged with my Chambers.

1. Section 218A of the Act came into effect on 7 December 2022 following the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and is as follows:

“Variation of enterprise agreements to correct or amend errors, defects or irregularities

(1)The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).

(2)The FWC may vary an enterprise agreement under subsection (1):

(a)   on its own initiative; or

(b)   on application by any of the following:

(i)one or more of the employers covered by the agreement;

(ii)an employee covered by the agreement;

(iii)an employee organisation covered by the agreement.

(3)If the FWC varies an enterprise agreement under subsection (1), the

variation operates from the day specified in the decision to vary the      agreement.”

1. Considering s.218A(2)(b)(i) of the Act, the Fair Work Commission may vary an enterprise agreement on application by one or more of the employers covered by the agreement.

1. I am satisfied that the agreement should be varied to correct the errors in the following terms:

(a)at clause 152, deleting the reference to "per cent per cent" in each row in the right hand column of the table and replacing it with "per cent";

(b)at clause 400.1, deleting the word "if";

(c)at clause 477, deleting the reference to "recreation leave" and replacing it with "annual leave";

(d)at table AA.3, deleting the reference to "$78,364" for APS5.1 (TMO 2) employees in the "Salary prior to 14 March 2024" column and replacing it with "$78,634"; and

(e)at the table found in clause AC.1 in Attachment C, deleting the reference to "recreation leave" and replacing it with "annual leave".

1. There are no grounds of which I am aware which would tend against the exercise of my discretion to vary the Agreement and correct the errors.

Order

1. I order[1], pursuant to s.218A of the Act, that the Agreement be varied to correct the obvious errors by varying clauses 152, 400.1, 477 and table AA.3 and the table found in clause AC.1 in Attachment C.

1. The variation will operate from 4 April 2024.

COMMISSIONER

[1]PR773178.

Printed by authority of the Commonwealth Government Printer

<AE524090  PR773172>