DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Disability Insurance Scheme Launch Transition Agency T/A National Disability Insurance Agency
(AG2016/7686)

NATIONAL DISABILITY INSURANCE AGENCY ENTERPRISE AGREEMENT 2016-2019

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 FEBRUARY 2017

Application for approval of the National Disability Insurance Agency Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the National Disability Insurance Agency Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Disability Insurance Scheme Launch Transition Agency T/A National Disability Insurance Agency. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the National Disability Insurance Scheme Launch Transition Agency T/A National Disability Insurance Agency. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 February 2017. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The National Disability Insurance Scheme Launch Transition Agency, trading as the National Disability Insurance Agency, applied to the Fair Work Commission for approval of the National Disability Insurance Agency Enterprise Agreement 2016-2019. The Fair Work Commission was required to consider whether the agreement complied with the Fair Work Act 2009 and, if so, approve it. The Commission was also required to determine whether the agreement should be registered and published on the Australian Government’s Workplace Express website. The application was made by the agency on 24 February 2016, and the agreement was signed on 2 March 2016. The Fair Work Commission found that the agreement did comply with the Fair Work Act 2009. The Commission considered the provisions of the agreement in the context of the overall agreement and the bargaining process. The Commission was satisfied that the agreement was made in good faith and that all procedural fairness was observed. The Commission determined that the agreement was appropriate for approval and registration and published the agreement on the Workplace Express website on 14 April 2016.

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