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Monday, 17 September 2012
Page: 7132

Fair Work Australia

(Question No. 2007)


Senator Abetz asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 9 August 2012 :

With reference to the decision [2010] FWA 4030 CPSU, the Community and Public Sector Union v Commonwealth of Australia (Australian Customs Service) (C2009/10664), was this decision made in relation to a dispute referred to Fair Work Australia (FWA) under a dispute resolution procedure in a workplace agreement made under the 'Work Choices' version of the Workplace Relations Act (the WR Act); if so: (a) does the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provide for the continued operation of the WR Act in relation to such disputes, including the dispute in the decision above, and including the privacy restrictions in section 712 of the WR Act; and (b) why were the privacy restrictions in section 712 of the WR Act not applied to the decision as it is posted on the FWA website.


Senator Ludwig The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

In relation to the first question above, the Government understands that the decision was made in relation to a dispute referred to FWA under section 739 of the Fair Work Act 2009 (FW Act). The decision dealt with the interpretation of the Australian Customs Service Collective Agreement 2007 - 2010, an agreement made under the Workplace Relations Act 1996 (WR Act)as amended by the Workplace Relations Amendment (Work Choices) Act 2005. The agreement became an agreement-based transitional instrument under the FW Act from 1 July 2009.

In relation to question (a) above, Schedule 19 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provides for the continued application of the WR Act on or after 1 July 2009 for the purpose of dealing with disputes in relation to matters arising under an agreement-based transitional instrument.

In relation to question (b) above, the Government is not aware of the particular facts and circumstances of the matter.