Commonwealth of Australia, represented by the National Disability Insurance Scheme Launch Transition Agency T/A National Disability Insurance Agency

[2020] FWCA 2026

[2020] FWCA 2026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Commonwealth of Australia, represented by the National Disability Insurance Scheme Launch Transition Agency T/A National Disability Insurance Agency
(AG2020/901)

NATIONAL DISABILITY INSURANCE AGENCY ENTERPRISE AGREEMENT 2020 - 2023

Commonwealth employment
COMMISSIONER CIRKOVIC	MELBOURNE, 17 APRIL 2020

Application for approval of the National Disability Insurance Agency Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the National Disability Insurance Agency Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia, represented by the National Disability Insurance Scheme Launch Transition Agency t/a National Disability Insurance Agency. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 April 2020 and, in accordance with s.54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 24 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507803  PR718368>

Annexure A: