July APS bargaining update - surveys, schedules and standards

In mid-2026, Lander & Rogers held an online masterclass on enterprise bargaining in the Australian Public Service, following the Australian Public Service Commission’s (APSC) release of the 2026 Public Sector Workplace Relations Policy, which sets the parameters for the next APS bargaining round.

As in the last round, bargaining is expected to proceed in two stages: sector-wide bargaining led by the APSC on common conditions, followed by agency-level bargaining on matters not otherwise resolved.

Since then, key steps have occurred, including APS agencies issuing Notices of Employee Representational Rights (NERRs), formally commencing the bargaining process under the Fair Work Act 2009 (Cth) (FW Act).

Here are the key early developments and the main considerations for agencies.

APS Staff Survey: Pay and flexibility important, career progression a concern

In mid-July, the APSC released findings from the APS bargaining staff survey, which received more than 39,000 responses from over 100 Commonwealth agencies—nearly 30% of the APS workforce.

The results suggest the APS is meeting expectations on flexibility and work-life balance, but that pay, career development and performance management remain key concerns likely to affect attraction, engagement and retention.

The APSC says the results will inform its bargaining positions. Pay is again expected to be central, with the CPSU indicating it will strongly pursue increases that keep pace with the cost of living. How that claim is resolved remains to be seen, particularly given the cost-cutting measures in the most recent Federal Budget would suggest an appetite for a significant pay offer is low.

Flexibility is also likely to be contested. The last APS agreement prevented agencies from imposing caps on working from home. The CPSU now intends to push further, including by seeking a trial of a four-day working week—an issue we expect to attract significant debate.

Key consideration

The survey issues are significant and are likely to be addressed in sector-wide bargaining, limiting individual agencies’ scope to depart from the common position.

Agencies seeking to influence the APSC’s position at this early stage or bargaining should raise these matters with their dedicated APSC bargaining contact.

Meeting schedules

After NERRs were issued on 1 July 2026, the first formal bargaining meeting was held on 21 July. The APSC has since released a meeting schedule, with representatives to meet twice weekly until the end of September.

Proposed discussion topics have also been released. Key dates for 2026 include:

• 28 July and 13 August: additional paid leave entitlements, including reproductive, disability and gender affirmation leave;
• 30 July: job security and AI;
• 4 August: flextime, TOIL and the four-day working week; and
• 20 August: pay.

The agendas are ambitious. The APSC has also scheduled overflow meetings in September to allow proper consideration of issues and support compliance with good faith bargaining obligations.

Key consideration

The timetable suggests an intention to settle common conditions in the final quarter of the year. While agency-level bargaining can commence now, most agencies are likely to begin in earnest in November or December.

Agencies should therefore use this period to confirm their bargaining teams, finalise their communication strategy and develop positions on agency-specific conditions so they are ready to proceed once sector-wide bargaining concludes.

Behavioural standards during bargaining meetings

One agenda item from the first meeting concerned “guidelines, protocols and expectations”, with reports suggesting attempts to document agreed standards of conduct for the bargaining process. Some unions have questioned the need for such protocols, arguing they risk starting negotiations on the wrong foot and that the FW Act already contains adequate protections to ensure appropriate conduct at the bargaining table, including the good faith bargaining obligations.

Key consideration

Regardless of what is agreed about conduct at the bargaining table, APS employees involved in bargaining remain subject to the APS Code of Conduct in the Public Service Act 1999 (Cth), including obligations to:

• treat everyone with respect and courtesy in the course of employment;
• comply with applicable Australian laws in the course of employment; and
• behave at all times in a way that upholds the APS Values.

Depending on the circumstances, inappropriate conduct in bargaining meetings may breach these obligations. However, any response should be carefully considered to avoid legal risks, including claims that the agency has restricted freedom of association or acted unfairly, capriciously or inconsistently with good faith bargaining obligations.