In 2023 there was a fundamental change to APS bargaining, with service-wide negotiation for a set of common conditions. Following successful outcomes, HR professionals now shift their focus to implementing new Enterprise Agreements (EA) which will present new challenges and opportunities.
To support the profession, we interviewed experienced agency lead negotiators (ALNs) to provide tips and personal learnings on how to implement a new EA. We chatted to Alison Stott (ATO), Sally Martin (Services Australia), Sara Vrh (Home Affairs), and Damien Booth (APSC).
(Left to Right) Sara Vrh, Sally Martin, Damien Booth and Alison Stott.
What is your previous experience implementing Enterprise Agreements?
Alison Stott: I’ve been part of the implementation process of EA agreements in the ACT government and in other federal agencies. I really enjoy the bargaining process itself, implementing and changing EA policy is exciting as a HR practitioner as a key mechanism to shape our Employee Value Proposition and culture.
Damien Booth: I’ve been in the APS for over 20 years and for most of that period I have worked within the workplace relations policy arena. This has included periods in former DEWR and predecessor agencies. I worked on reforms to the enterprise bargaining framework in the Fair Work Act 2009 - as it applies to both the private and Commonwealth public sectors. I worked closely with the Chief Negotiator for APS-wide bargaining, Peter Riordan PSM CF and with over 100 agencies and their lead negotiators to deliver greater commonality in pay and conditions.
Sally Martin: This was my first experience with negotiating an Enterprise Agreement. While I’ve been in HR for 10 years, I’d never delved into industrial relations but there’s nothing like jumping in at the deep end!
Sara Vrh: Firstly, leading this round of bargaining for the department, working alongside unions and employee bargaining reps and representing the best interests of staff and colleagues, has been a career high. Being involved in negotiations that were not only about bargaining in good faith, but were respectful, transparent, and at their core, focused on staff outcomes, continues to be deeply satisfying. My separation from previous EA processes before jumping into this negotiating round, was a strength, as I was able to bring a different skillset, a set of fresh eyes, and a new energy to the process.
What has been the most rewarding part of being part of the process?
AS: Working with a variety of practitioners and seeing them use their specialised skills has been the most rewarding part of the process. I’ve worked with Industrial Relations Lawyers, HR Professionals, Communication and Finance specialists, it’s a great team effort. And of course, getting a yes vote is the most rewarding part of the process!
DB: The most rewarding part was developing and implementing a successful process that supported high engagement – from agencies, unions, employee bargaining representatives and employees. We dedicated a lot of time to listening to everyone’s views and worked together to achieve the best outcomes for both agencies and employees. The results speak for themselves, we were successful in delivering real reform to workplace relations in the APS, achieved real beneficial outcomes for employees and surpassed expectations in this first round of APS-wide bargaining.
SM: Being part of the first bargaining process where we now have common conditions across the APS is rewarding. I learnt a lot from the process and have developed some strong connections across the APS. It’s also been reassuring to know many of the challenges we have at Services Australia are shared across the APS – things such as attracting and retaining talent and managing flexibility at scale.
SV: The previous bargaining experience for the department wasn’t a positive one, so I felt my challenge was not only about bargaining an affordable package, in good faith for the best outcome for staff, but it was about how we went about this. My ethos was twofold: negotiating a great and affordable EA, and to move towards an ongoing and respectful relationship between bargaining parties and the department. I genuinely feel like we were able to achieve both.
How have you ensured the unique needs of your agency were met in bargaining?
AS: I listened to our staff with what they wanted from a new EA, took on their feedback and incorporated this into the bargaining process. My team managed ATO focus group forums and internal surveys. I also had many conversations with executive staff and business lines about how to best position the ATO. The bargaining reps also bring forward claims and perspectives which are important to consider.
SM: Services Australia has one of the most comprehensive agreements across the APS. We didn’t set out to change a lot for this reason and we knew APS wide bargaining would deliver a range of new conditions to implement. We made some small changes to bring policy back where it made sense and simplify where we could make it easier for managers and staff. We used our bargaining meetings to ensure we understood the experience of our staff through the claims put forward.
SV: Having a staff-focused approach to bargaining made sure our proposed EA best reflected the fine-tuned needs and nuances across our large department. This involved a multi-layered, consultative process, to allow for tailoring each condition and benefit to maximise outcomes for staff. At every step along the way, my personal reflection continues to be “does that give our staff more? And are they ultimately better off?” For example, a significant proportion of our staff work in frontline or specialised roles, requiring skills that have long been recognised through individual agreements. We were able to incorporate recognition of those skills directly into the EA, removing both administrative burden as well as eligibility ambiguity for staff and managers alike.
What are the key steps involved in implementing a new EA?
AS: I think whether you have a communications specialist or not, communicating with your staff is the most important thing you need to do as a HR professional. Expressing what the implementation means for a manager and employees will be key for a smooth transition. Also, think about your agency’s legal instruments and if anything needs to be updated to align with the new EA. Update HR systems and processes, to ensure you’re reflecting the new entitlements and changes. I would also recommend investing in training to upskill your HR team, to build their capability.
DB: Being engaged. Engaged in the changes and what is happening in this space is critical right now. Listening to employees and understanding your agency needs will help you implement your new EA. Many common conditions negotiated are framed to support engagement and enable you to consider mutually beneficial outcomes. The APSC and my team also have resources available for HR professionals.
SM: Getting a yes vote is our primary focus along with strong participation, this shows staff are engaged in the process. Once we’ve done that, we start to turn our minds to what needs to change and in what order. Many of the conditions important to our staff are staying the same, however there are a range of terms and conditions that are new or improved. We’re now working through how we support staff and managers to apply the changes. There will need to be changes to existing policies as well as the introduction of new policies, which we will need to consult staff and the union. There are also mechanics to make the changes function – our HR Systems need updating and our payroll team needs to understand in detail what the changes mean for staff.
SV: Going into this process, the department was ready for change. Our previous Workplace Determination (WD) was no longer serving us, so there has been pressure to get this EA right. To repair broken processes and relationships between bargaining parties, to ensure our EA appropriately reflects the evolving nature of what we need to deliver for Australians as a department, and to ultimately ensure we deliver staff an agreement they are proud of and that best supports them and their individual needs and meets our operational requirements. Once we deliver on that, it’s about making sure the conditions and benefits we fought hard for are appropriated accordingly. And that’s our next exciting challenge!
What advice can you share with HR Practitioners who will be responsible for implementing their agency’s EA?
AS: Prioritise taking care of your own health and wellbeing. It’s been a huge process to date so it’s important to take time for yourself and look after your team. Take a break if you haven’t and think about giving staff time to rejuvenate and reset. Use experts and work with managers and business lines throughout the implementation phase and EA implementation is a team effort across the organisation. Consultation is a great way to collaborate with other agencies, and a great opportunity to work with staff and partners to get different viewpoints.
DB: We will continue to support the HR profession and ensure their enterprise agreements and related workplace relations policies are consistent with government priorities and objectives for the APS. Our ongoing role with HR practitioners will include developing workplace relations capability across the APS. This will prepare the APS for the next bargaining round – expected to kick off no later than early 2026.
SM: Put some time aside to think about what needs to change, both in terms of the mechanics of a new EA but also what’s the cultural shift required and where are the risks. Bring some subject matter experts together from HR and work through policy changes, how you will consult with staff and their representatives. Equally important is bringing leaders along. They are the ones on the ground who will be implementing these changes so its key to have them in the room to talk about what those changes mean and what support is needed to effect those changes.
SV: My focus right now is ensuring that every staff member has what they need to make an informed choice on the proposed EA. But I would say overall, when it comes to the EA process, through the negotiations, the vote, and the implementation, our focus should always be on our people; ensuring our hard work is not tainted by being careless or rushed throughout any part of the process; and ensuring our approach, through whatever phase, is through the lens “does this best serve our staff and our operations?”.
How do you think APS agencies can work together to implement the EAs?
AS: Networking! My biggest tip is to share information and collaborate with colleagues in the professions. With a lot of common clauses in this EA, we can work together and share information to feel supported in the implementation process. Joining professional streams and working groups is a great place to start.
DB: I encourage HR professionals to network with people in the same roles, to collaborate on ideas and stay in touch with the APSC. We can provide advice on policy intent – that is, the reason why a particular clause exists and how it may be appropriately implemented in your agency.
SM: Throughout bargaining, APS agencies had opportunities to come together and discuss proposed conditions and what that would mean for them. We need to continue the conversation now as we implement our respective EAs in relation to common conditions. There is an opportunity to share ideas, learn from each other and apply best practice.
SV: As with any APS-wide capability, there are always lessons to be learned and experiences to be shared. There are certainly opportunities where policy positions can be consulted across agencies to bring about a level of uniformity in the APS where appropriate.