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

Annexure A:

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Commonwealth of Australia, represented by the National Disability Insurance Scheme Launch Transition Agency, trading as the National Disability Insurance Agency (NDIA), and the Australian Council of Trade Unions, acting on behalf of the NDIA employees. The dispute centred around the application for approval of the NDIA Enterprise Agreement 2020-2023. The NDIA sought to finalise an enterprise agreement that would govern the terms and conditions of employment for its staff over the specified period.

The central legal issues revolved around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring the agreement was fair and reasonable, and whether it adequately addressed the needs and interests of both the employees and the NDIA. The Commission had to consider if the agreement provided for appropriate minimum entitlements, reasonable terms and conditions, and whether it aligned with the overarching principles of the Fair Work Act, including the protection of vulnerable employees and the promotion of productive and harmonious workplace relations.

In its decision, the Fair Work Commission examined the terms of the proposed agreement in detail, assessing them against the criteria set out in the legislation. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account their specific needs and the unique operational environment of the NDIA. The agreement included provisions that met the minimum entitlements required by law, and the Commission concluded that it was in the best interests of the employees and the NDIA. Consequently, the Commission approved the application for the agreement's registration, finding it to be fair and reasonable in all respects.

The final orders included the approval and registration of the NDIA Enterprise Agreement 2020-2023, which would now govern the employment terms and conditions for the NDIA employees for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established