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APSC assessments

Introduction

As set out above, the APSC is responsible for providing advice on Australian Government employment and workplace relations policy, the application of the Bargaining Framework and assessing enterprise agreements and collective determinations for consistency with the APS Bargaining Framework. Agencies
are encouraged to seek information and advice from the APSC on these matters when required.

Assessments relating to bargaining positions and enterprise agreements or collective determinations

Agencies are required to submit an agency's proposed bargaining position and proposed final enterprise agreements and collective determinations (other than a determination that preserves terms and conditions following a Machinery of Government change) to the APSC for assessment against the Bargaining
Framework, ahead of final approval To this end, the APSC will:

  • conduct assessments of proposed bargaining positions, including briefing the Special Minister of State for the Public Service and Integrity as required, and provide advice to agencies on the consistency of their bargaining positions with Australian Government policy; and
  • conduct assessments of enterprise agreements and other collective arrangements, including briefing Special Minister of State for the Public Service and Integrity as required, and provide advice to agencies on the consistency of their proposed enterprise agreement or other arrangement ahead of finalisation
    and approval by employees and by Fair Work Australia.

These requirements apply to both new enterprise agreements and collective determinations, and any proposed variations to existing collective instruments.

Agencies are strongly encouraged to contact the APSC to discuss the development of any enterprise agreement or collective determination and the Bargaining Framework before bargaining commences and before an agreement is finalised.

The APSC can provide advice on proposed collective workplace arrangements to assist agencies to identify any potential inconsistencies with the Bargaining Framework at an early stage.

Where an enterprise agreement or collective determination has been provided to the APSC for assessment, the APSC will discuss all identified inconsistencies with the agency's nominee prior to finalising the written assessment.

Where an enterprise agreement or collective determination is significantly amended or altered following the APSC's written assessment (other than to amend any inconsistencies raised in the assessment), including amendments to the total remuneration provided in the agreement, the agreement must be resubmitted
to the APSC for assessment.

Assessment of individual arrangements

Agency Heads are responsible for ensuring that individual arrangements, including individual flexibility agreements, common law agreements and determinations, are consistent with the APS Bargaining Framework and the Government's workplace relations policy.

Agency Heads may request the APSC to assess individual arrangements for consistency with the APS Bargaining Framework; however, formal assessment is not required under the APS Bargaining Framework.

The APSC is available to provide advice to agencies about individual arrangements which relate to the Bargaining Framework or the Government's workplace relations policy where an agency requests.

Assessment of policies and practices

Agency Heads are responsible for ensuring that their workplace policies and practices are consistent with the Bargaining Framework, relevant legislation, and the Government's workplace relations policy.

Agency Heads may request that the APSC assess workplace policies and practices for consistency with the Bargaining Framework; however formal assessment of policies and practices is not required under the Bargaining Framework.

The APSC is also available to provide advice to agencies about policies and practices which relate to the Bargaining Framework or the Government's workplace relations policy where an agency requests.