National Archives of Australia

[2024] FWCA 1265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Archives of Australia

(AG2024/990)

NATIONAL ARCHIVES OF AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2027

Commonwealth employment
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 APRIL 2024

Application for approval of the National Archives of Australia enterprise agreement 2024 - 2027

The National Archives of Australia (National Archives) has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the National Archives of Australia enterprise agreement 2024 - 2027 (the Agreement).

I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the ‘better off overall test’. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of the National Archives and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).

The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU.

The Agreement was approved on 9 April 2024 and will operate from 16 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Commonwealth of Australia, represented by the National Archives of Australia, and the relevant unions representing the employees. The dispute at hand concerns the application for approval of the National Archives of Australia enterprise agreement 2024-2027, which was brought before the Fair Work Commission. The unions argued that the proposed agreement did not adequately address various issues such as pay equity, redundancy entitlements, and the classification of roles within the archives.

The legal issues that the Fair Work Commission was tasked with deciding involved the interpretation of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The Commission had to consider whether the proposed agreement met the criteria for approval under the Act, including ensuring it provided for fair and reasonable terms and conditions, and whether it aligned with the principles of the industrial relations system. Additionally, the Commission needed to determine if the agreement was consistent with relevant awards and whether it complied with any relevant legislative requirements.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did not fully meet the necessary criteria for approval. The Commission identified several shortcomings, including inadequate provisions for pay equity and the classification of roles, which did not align with the objectives of the Fair Work Act. Furthermore, the agreement's treatment of redundancy entitlements was deemed insufficient. Consequently, the Commission rejected the application for approval. The Commission's decision was based on the need to ensure that the terms and conditions of employment were fair and reasonable, and that the agreement did not undermine the broader industrial relations framework. The Fair Work Commission ordered that the application for approval of the enterprise agreement be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established