National Accreditation Authority For Translators And Interpreters Ltd T/A Naati

[2024] FWCA 3366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Accreditation Authority For Translators And Interpreters Ltd T/A Naati

(AG2024/3277)

NAATI ENTERPRISE AGREEMENT 2024 - 2028

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 SEPTEMBER 2024

Application for approval of the NAATI Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement to be known as the NAATI Enterprise Agreement 2024-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by National Accreditation Authority For Translators And Interpreters Ltd T/A Naati (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 23 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Clerks – Private Sector Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Clerks – Private Sector Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2024. The nominal expiry date of the Agreement is 25 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of National Accreditation Authority for Translators and Interpreters Ltd T/A NAATI, the central issue before the court was the application for approval of the NAATI Enterprise Agreement 2024-2028. The application was brought by the employer, the National Accreditation Authority for Translators and Interpreters Ltd, acting as NAATI. The dispute involved the terms and conditions of employment for NAATI's employees as stipulated in the proposed enterprise agreement.

The primary legal issues the court needed to address were whether the proposed agreement complied with the relevant legislative requirements and whether it was fair and reasonable in terms of the employees' terms and conditions of employment. This involved examining the agreement against the criteria set out in the Fair Work Act 2009 and ensuring that it adhered to the principles of good faith bargaining and procedural fairness.

The court carefully considered the arguments presented by both parties and the detailed provisions of the proposed agreement. It found that the agreement met the statutory requirements and was fair and reasonable, taking into account the principles of procedural fairness and good faith bargaining. The court was satisfied that the agreement provided appropriate protections for the employees and was in line with the objectives of the Fair Work Act. Consequently, the court approved the application for the NAATI Enterprise Agreement 2024-2028.

As a result of the court's decision, the NAATI Enterprise Agreement 2024-2028 was approved, and it will govern the terms and conditions of employment for NAATI employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established