Recommendation 1
2.57 The committee recommends that the Minister
Assisting the Prime Minister for the Public Service take steps to ensure that
the APSC issues all agencies with instructions that: the agency must ensure
all APS employees may be represented on workplace matters by a person of their
choice, including a union representative; and that agencies consult employees
on matters that affect them prior to decisions being made.
Recommendation 2
3.40 The committee recommends that the government
adjust the annual wage cap contained in the 2015 bargaining policy to a more
realistic level, consistent with economy wide outcomes in enterprise
bargaining, and facilitate agency access to a portion of the savings accrued
through the delays in settlement to allow for improved wage offers that do not
come at the expense of cuts to pre-existing rights and conditions.
Recommendation 3
4.20 The committee recommends that the government
urgently amend the prohibition on back pay or provide another mechanism such as
a payment upon agreements commencing to allow agencies to provide some limited
and appropriate financial recompense to employees who have had their wages
frozen for the past three years.
Recommendation 4
6.31 The committee recommends that the Minister
Assisting the Prime Minister for the Public Service and relevant portfolio
Ministers take immediate steps to ensure that agencies affected by machinery of
government changes such as the Department of the Prime Minister and Cabinet,
the Department of Immigration and Border Protection, the Federal Courts and the
Administrative Appeals Tribunal are encouraged to reach enterprise agreements
that align employment pay and employment conditions without loss.
Recommendation 5
6.32 The committee recommends that the bargaining
policy should be amended to specifically allow for the maintenance of existing
negotiated agreement provisions, including in the case of agencies affected by
machinery of government changes.
Recommendation 6
6.36 The committee recommends that the bargaining
policy should be amended to allow agencies and employee bargaining
representatives to agree on improvements and encourage provisions in enterprise
agreements that support victims of domestic violence including access to leave.
Recommendation 7
6.39 The committee recommends that the Minister
Assisting the Prime Minister for the Public Service and the Minister for
Immigration and Border Protection take immediate steps to ensure the Department
of Immigration and Border Protection fairly address disparities arising from
the integration of Customs and Immigration and the creation of the Australian
Border Force and ensures officers of the Department can receive current pay and
conditions.
Recommendation 8
6.40 The committee recommends that the Minister
Assisting the Prime Minister for the Public Service and the Minister for
Immigration and Border Protection take immediate steps sufficient to ensure the
Department of Immigration and Border Protection can and will seek to genuinely
reach early agreement with employee representatives and put an agreed position
to the Fair Work Commission arbitration of a workplace determination.
Recommendation 9
7.26 The committee recommends that the government
amend its bargaining policy to allow for the retention of existing rights and
conditions in full, including but not limited to removing the prohibition on
enhancements and defining previously agreed agreement provisions as
enhancements in circumstances such as machinery of government changes.
Recommendation 10
7.27 The committee recommends that the government
amend its bargaining policy to allow and encourage the retention of access to
family friendly conditions, including hours of work protections, to facilitate
and support the employment of those with caring responsibilities.
Recommendation 11
7.28 The committee recommends that the Minister
Assisting the Prime Minister for the Public Service and the Minister for Human
Services take immediate steps to ensure that the Department of Human Services
can and will seek to maintain enterprise agreement provisions that preserve
existing family friendly conditions, provide employee protections for rostering
and hours of work, maintain current consultation provisions and provide that
ongoing employment remains the preferred type of employment in the Department.
Recommendation 12
7.30 The committee recommends that the government
amend its bargaining policy so that it no longer requires the removal of
existing agreement content in various areas above the legislated National
Employment Standards and the minimum provisions required by the Fair Work
Act 2009.
Recommendation 13
7.32 The committee recommends that the government
amend its bargaining policy to allow for the retention of existing and
long-standing consultation and dispute resolution rights.
Recommendation 14
8.25 The committee recommends that the Minister
Assisting the Prime Minister for the Public Service take immediate steps to
ensure that where decisions with respect to bargaining outcomes rest with the
Minister or with the APS Commissioner, the decision maker engages in bargaining
and acts in accordance with the good faith bargaining requirements of the Fair
Work Act 2009.
Recommendation 15
10.13 The committee recommends that the Minister Assisting
the Prime Minister for the Public Service takes immediate steps to ensure that
the APS Commissioner acts to remove the existing impediments and works with
employee representatives and agencies to enable a reasonable conclusion to be
reached to the current protracted Commonwealth public sector bargaining.
Recommendation 16
10.14 The committee recommends that the Minister Assisting
the Prime Minister for the Public Service take immediate steps to facilitate a
discussion with the CPSU about a possible resolution of this extended dispute,
with due consideration for the other recommendations in this report.
Recommendation 17
10.33 The committee recommends that the APSC and the
CPSU consider a range of approaches for future enterprise bargaining and settle
on the best and most productive approach for the APS and other Commonwealth
agencies well in advance of the nominal expiry of this round of enterprise
agreements.
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