Public Sector Enterprise Agreement for Australia

Public Sector Enterprise Agreement Template for Australia

An Australian Public Sector Enterprise Agreement is a legally binding workplace agreement negotiated between a government agency, relevant unions, and employees under the Fair Work Act 2009. It establishes comprehensive employment terms and conditions for public sector employees, including salary arrangements, leave entitlements, working hours, and other employment conditions. The agreement must comply with Australian federal workplace laws while addressing specific public sector requirements and providing flexibility for agency-specific needs. It typically operates for a fixed term of three to four years and requires approval from the Fair Work Commission.

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What is a Public Sector Enterprise Agreement?

The Public Sector Enterprise Agreement serves as a cornerstone document in Australian public sector employment relations, establishing legally enforceable terms and conditions of employment between government agencies and their employees. This agreement type is specifically designed to meet the requirements of the Fair Work Act 2009 while addressing unique public sector considerations. It is used when a government agency needs to establish or update comprehensive employment arrangements for its workforce, typically every three to four years. The agreement covers essential aspects such as remuneration, working conditions, leave entitlements, and dispute resolution procedures, while ensuring compliance with public sector values and employment principles. It requires extensive consultation with unions and employees, and must be approved by the Fair Work Commission before taking effect.

What sections should be included in a Public Sector Enterprise Agreement?

1. Parties: Identifies the employer (government agency), unions, and employees covered by the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope and Application: Specifies who is covered by the agreement and its operational scope

5. Duration: Specifies the nominal expiry date and operation of the agreement

6. Consultation and Dispute Resolution: Outlines procedures for workplace change and resolving disputes

7. Employment Conditions: Core employment terms including types of employment and probation

8. Hours of Work: Standard hours, flextime, overtime, and related provisions

9. Remuneration: Salary scales, incremental progression, and allowances

10. Leave Entitlements: All forms of leave including annual, personal, long service, and other leave types

11. Performance Management: Performance review processes and managing underperformance

12. Work Health and Safety: Health and safety obligations and arrangements

13. Redundancy and Redeployment: Processes for managing excess employees and redundancy provisions

14. Termination of Employment: Provisions regarding ending employment and notice periods

What sections are optional to include in a Public Sector Enterprise Agreement?

1. Remote Work Arrangements: Include when the agency supports regular remote working arrangements

2. Special Project Conditions: Include for agencies with specific project-based work requirements

3. Regional Allowances: Include for agencies with employees in remote or regional locations

4. Higher Duties: Include when temporary higher duties arrangements are common

5. Studies Assistance: Include when the agency provides education and development support

6. Domestic Violence Leave: Include specific provisions beyond standard leave arrangements

7. Environmental Sustainability: Include when agency has specific environmental commitments

8. Cultural Leave: Include for agencies with significant Indigenous workforce or multicultural requirements

What schedules should be included in a Public Sector Enterprise Agreement?

1. Schedule 1 - Classifications and Salary Rates: Detailed classification structure and salary tables

2. Schedule 2 - Allowances: Comprehensive list of allowances and eligibility criteria

3. Schedule 3 - Supported Wage System: Provisions for employees with reduced work capacity

4. Schedule 4 - Shift Work Arrangements: Detailed shift work provisions and penalties

5. Schedule 5 - Agency-Specific Conditions: Conditions specific to different divisions or work areas

6. Appendix A - Flexibility Arrangements: Template and procedures for individual flexibility arrangements

7. Appendix B - Work Level Standards: Detailed work level descriptions for each classification

8. Appendix C - Consultation Framework: Detailed consultation procedures and timeframes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Public Administration

Government Services

Public Healthcare

Public Education

Defense and Security

Environmental Services

Social Services

Transport and Infrastructure

Research and Science

Cultural Services

Relevant Teams

Human Resources

Legal

Industrial Relations

Employee Relations

Policy and Governance

Executive Leadership

Organizational Development

Workforce Planning

Change Management

Compliance

Administration

Strategic Planning

Relevant Roles

Human Resources Director

Industrial Relations Manager

Legal Counsel

Policy Advisor

HR Business Partner

Workplace Relations Specialist

Employment Lawyer

HR Operations Manager

Workforce Planning Manager

Change Management Consultant

Employee Relations Specialist

Organizational Development Manager

Compensation and Benefits Manager

Public Sector Department Head

Agency Director

Union Representative

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