DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Treasury
(AG2018/4705)

TREASURY ENTERPRISE AGREEMENT 2018-2021

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 OCTOBER 2018

Application to approve the Treasury Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Treasury. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 5 November 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the application was brought by the Commonwealth of Australia, represented by the Department of Finance, seeking approval of the Treasury Enterprise Agreement 2018-2021. The agreement in question was negotiated between the Commonwealth and the relevant union, the Public Service Association. The primary dispute centred on whether the proposed terms of the agreement complied with the requirements of the Public Service Act 1999.

The legal issues before the court involved assessing whether the agreement's provisions on remuneration, hours of work, and other employment conditions adhered to the legislative framework governing public sector employment. Specifically, the court had to determine if the proposed terms met the statutory requirement for fairness and reasonableness, and whether they were in line with broader economic and fiscal policies. The court also considered the procedural aspects of the negotiation and agreement process, ensuring compliance with the necessary legal and administrative protocols.

In its reasoning, the court found that the agreement's terms were fair and reasonable, taking into account the economic climate, the specific needs of the Treasury, and the rights and obligations of both parties. The court emphasised that the agreement balanced the interests of the public service employees with the financial constraints and operational requirements of the government. The application was therefore approved, recognising the agreement as compliant with all legal and procedural standards. The court's decision was based on a detailed analysis of the agreement's provisions and their alignment with the statutory criteria.

The final orders of the court approved the Treasury Enterprise Agreement 2018-2021, affirming its validity and enforceability. The court's approval was contingent on the continued adherence to the agreement's terms by both the Commonwealth and the Public Service Association, ensuring that all provisions were implemented in accordance with the law.

The Treasury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established