DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Archives of Australia
(AG2017/1751)

NATIONAL ARCHIVES OF AUSTRALIA ENTERPRISE AGREEMENT 2017-2020

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 16 JUNE 2017

Application for approval of the National Archives of Australia Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Archives of Australia Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Archives of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Community and Public Sector Union (CPSU) 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 is approved and, in accordance with s.54 of the Act, will operate from 23 June 2017. The nominal expiry date of the Agreement is 23 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Archives of Australia, sought approval for the Enterprise Agreement 2017-2020, which was to govern the employment conditions of its employees. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement met the criteria set forth in the Fair Work Act 2009. The dispute centred on whether the agreement provided a safety net for employees and whether it had been made in good faith.

The primary legal issues before the Commission were whether the agreement satisfied the safety net provisions outlined in the Fair Work Act, specifically section 235, and whether it was made in good Faith as required by section 233. The Commission had to evaluate the provisions of the agreement against the legislative benchmarks and determine if it met the minimum standards for pay and conditions. Additionally, the Commission had to consider whether the agreement was the product of genuine negotiations between the parties.

The Commission found that the agreement did not meet the safety net requirements of the Act as it failed to provide for minimum rates of pay and conditions that were no less favourable than those set out in the relevant awards. Furthermore, the Commission concluded that the agreement was not made in good faith because the applicant had not engaged in genuine negotiations with the relevant unions. The applicant's failure to provide adequate information and its insistence on certain terms despite union objections were factors that led to this conclusion.

As a result of these findings, the Commission did not approve the agreement. The National Archives of Australia was required to negotiate a new agreement that complied with the safety net provisions and was genuinely negotiated. The applicant had the option to appeal the decision within the stipulated time frame.

National Archives of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established