Workplace Relations Advice 3 of 2010: Interpretation of the Australian Government Employment Bargaining Framework from 1 July 2010

Interpretation of the Australian Government Employment Bargaining Framework (Bargaining Framework) following the transfer of responsibility for public sector employment and workplace relations functions

1. From 1 July 2010 responsibility for Australian Government policies for public sector agreement-making, classification structures, APS pay and employment conditions, work level standards and workplace relations advice, has been transferred from the Department of Education, Employment and Workplace Relations (DEEWR) to the Australian Public Service Commission (APSC).

2. The functions previously undertaken by the Public Sector Branch in DEEWR will now be undertaken in the Workplace Relations Group of the APSC. This includes providing employment and workplace relations policy advice and support to public sector agencies and the Australian Government, and the assessment of enterprise agreements against the Bargaining Framework.

3. The Bargaining Framework and Supporting Guidance released on 1 September 2009 continues to apply however references to DEEWR and the Minister for Employment and Workplace Relations should now be interpreted to mean the APSC and the Special Minister of State, respectively.

Legal advice on the Fair Work Act 2009

4. With reference to page 40 of the Bargaining Framework Supporting Guidance and the Legal Services Directions issued from time to time by the Attorney-General's Department, agencies who seek legal advice on provisions in the Fair Work Act 2009 (FW Act) will continue to be required to provide a copy of that advice to DEEWR as the department responsible for the FW Act. All other advice obtained relating to public sector employment, including the Public Service Act 1999, Long Service Leave (Commonwealth Employees) Act 1976, the Maternity Leave Act 1973 and the implementation of the Australian Government Employment Bargaining Framework, should be provided to the your APSC client contact officer.

Further information and advice

5. Should you require any further information or assistance on this matter, please contact your client contact officer directly or telephone (02) 6202 3704 to be directed to the appropriate person. For further advice on employment matters relating to the Public Service Act 1999, please contact the Employment Policy Advice line on (02) 6202 3859.

Justine Jones
Acting Group Manager
Workplace Relations