Section 1: Introduction, technical and general matters


1.            Introduction

1.1          This Agreement is to be known as the Department of the Senate Enterprise Agreement 2017 – 2020.

2.            Coverage

2.1          This is an Agreement made under section 172 of the Fair Work Act 2009 between the Clerk of the Senate and the employees of the Department of the Senate (the department) who are covered by this Agreement.

2.2          This Agreement covers the Department of the Senate, on behalf of the Commonwealth, and employees in the department, including employees who are temporarily assigned to the Senior Executive Service classification, but does not cover:

  1. other Senior Executive Service employees; and
  2. a person whose salary is paid by another department or agency.

3.            Definitions

Agreement means the Department of the Senate Enterprise Agreement 2017 – 2020.
casual employee means a person who is engaged by the department under section 22(2)(c) of the Parliamentary Service Act 1999.
Clerk means the Clerk of the Senate.
department means the Department of the Senate.
departmental guidelines means relevant policies, guidelines and advices.
employee means a person who is engaged by the department under the Parliamentary Service Act 1999.
employer means the Clerk of the Senate (the Clerk) on behalf of the Commonwealth.
FWC means Fair Work Commission.
immediate family means:
  1. a spouse, partner, child, parent, grandparent, grandchild, or sibling of the employee
  2. a child, parent, grandparent, grandchild or sibling of a spouse or partner of the employee
  3. a person with whom the Clerk is satisfied the employee has a strong affinity
for the purposes of which:
a “child” includes an adopted child, a stepchild, an exnuptial child, an adult child or a child in the care and custody of the employee;
a “spouse” includes a former spouse, a de facto spouse and a former de facto spouse;
a “de facto spouse”, of an employee, means a person who lives with the employee on a genuine domestic basis (whether married to the employee or not); and
a “partner” includes a former partner.
manager means an employee who has responsibility for overseeing, monitoring, managing, directing or supervising a discrete work group.
NES means the National Employment Standards as set out in the Fair Work Act 2009.
other documentary evidence includes a statutory declaration, where provision of a medical certificate would otherwise be required.
Parliamentary Service means the Australian Parliamentary Service established by the Parliamentary Service Act 1999.
part-time employee means an employee whose agreed hours are less than 37 hours and 30 minutes per week.
program manager means a Senior Executive Service employee.
Program Manager Group means the Senior Executive Service employees collectively.
section head means an employee at the Parliamentary Executive Level 1 or 2 with management responsibilities for a discrete work unit.
sessional employee means an employee who is employed primarily to undertake duties involved with the sittings of the Senate.
supervisor means an employee who has responsibility for overseeing, monitoring, managing, directing or supervising another employee.

4.            Duration

4.1          This Agreement commences operation on the day seven days after the date on which it is approved by FWC. The nominal expiry date of the Agreement will be three years from the date of commencement.

5.            Delegation

5.1          The Clerk may, in writing, delegate to or authorise a person to exercise any of the Clerk’s powers or functions under this Agreement.

6.            Departmental guidelines

6.1          The operation of this Agreement is supported by departmental guidelines. These guidelines do not form part of the Agreement. If there is any inconsistency between this Agreement and departmental guidelines, the express terms of this Agreement prevail.

7.            Individual flexibility arrangements

7.1          The Clerk and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if:

  1. the Agreement deals with one or more of the following matters:
    1. arrangements about when work is performed;
    2. overtime rates;
    3. penalty rates;
    4. allowances;
    5. remuneration;
    6. leave; and
  2. the arrangement meets the genuine needs of the Clerk and the employee in relation to one or more of the matters mentioned in clause 7.1(a); and
  3. the arrangement is genuinely agreed to by the Clerk and the employee.

7.2          The Clerk must ensure that the terms of the individual flexibility arrangement:

  1. are about permitted matters under section 172 of the Fair Work Act 2009; and
  2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
  3. result in the employee being better off overall than the employee would be if no arrangement was made.

7.3          The Clerk must ensure that the individual flexibility arrangement:

  1. is in writing; and
  2. includes the names of the Clerk and the employee; and
  3. is signed by the Clerk and the employee and if the employee is under 18 years of age, is signed by a parent or guardian of the employee; and
  4. includes details of:
    1. the terms of the Agreement that will be varied by the arrangement; and
    2. how the arrangement will vary the effect of the terms; and
    3. how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
  5. states the day on which the arrangement commences.

7.4          The Clerk must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

7.5          The Clerk or the employee may terminate the individual flexibility arrangement:

  1. by giving no more than 28 days written notice to the other party to the arrangement; or
  2. if the Clerk and the employee agree in writing—at any time.

8.            Dispute resolution term

8.1       If a dispute relates to:

  1. a matter arising under the Agreement; or
  2. the NES;

this term sets out procedures to settle the dispute.

8.2          An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause.

8.3          In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisor/s and/or management.

8.4          If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to FWC.

8.5       FWC may deal with the dispute in two stages:

  1. FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
  2. if FWC is unable to resolve the dispute at the first stage, FWC may then:
    1. arbitrate the dispute; and
    2. make a determination that is binding on the parties.

Note: If FWC arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009.

A decision that FWC makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Fair Work Act 2009. Therefore, an appeal may be made against the decision.

8.6          While the parties are trying to resolve the dispute using the procedures in this term:

  1. an employee must continue to perform his or her work as he or she would normally, unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
  2. an employee must comply with a direction given by the Clerk to perform other available work at the same workplace, or at another workplace, unless:
    1. the work is not safe; or
    2. applicable occupational health and safety legislation would not permit the work to be performed; or
    3. the work is not appropriate for the employee to perform; or
    4. there are other reasonable grounds for the employee to refuse to comply with the direction.

8.7          The parties to the dispute agree to be bound by a decision made by FWC in accordance with this term.

9.            Formal acceptance of the Agreement

9.1          This Agreement is made under section 172 of the Fair Work Act 2009. Accordingly, it is an agreement between the employer and the employees who are covered by this Agreement.

            Employer

            Signed:

            Name:

Richard Pye

Clerk of the Senate

Date

Address: Parliament House, Canberra, Australian Capital Territory, 2600.

            Employee bargaining representative

Signed for and on behalf of employees covered by this Agreement:

            Signed:

            Name:

Date

Address:

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