National Emergency Management Agency

[2024] FWCA 1417

[2024] FWCA 1417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Emergency Management Agency

(AG2024/930)

NATIONAL EMERGENCY MANAGEMENT AGENCY (NEMA) ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 19 APRIL 2024

Application for approval of the National Emergency Management Agency (NEMA) Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the National Emergency Management Agency (NEMA) Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the National Emergency Management Agency (the Applicant). The agreement is a single enterprise agreement. An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct a number of obvious errors.

1. The matter was allocated to my Chambers on 8 April 2024. This decision deals with both applications.

1. With respect to the s.218 application, the Applicant sought amendments to paragraph numbering and clause references by way of a Form F1 dated 26 March 2024. The Applicant has also provided a revised Agreement which consolidates the variations.

1. A copy of the changes have been provided to the Bargaining Representatives and CPSU. There has been no objection received.

1. Having reviewed the referencing errors, it is apparent in my view that such errors would fall within the scope of s. 218A(1). Accordingly, the variation is approved and the revised Agreement is attached to this decision.

1. The variations will operate from the date on which the Agreement commences operation. I now turn to the s.185 application.

1. On 10 April 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

2. The Agreement contains a number of changes which when considered in isolation, are less advantageous than the Award. These include increased ordinary hours, an expanded spread of hours and some penalty rates. I note that the Agreement also confers benefits of universal application including paid leave between Christmas and New Year and increased Superannuation Contributions.  I have not considered additional benefits which were conditional in their application and/or difficult to quantify in monetary terms.  I find that the universal improvements offset the disadvantages referred to. 

1. The Applicant has submitted an undertaking in the required form dated 10 April 2024, a copy of which is attached to this Agreement. The undertaking deals with the following topics:

·  Higher duties allowance will be paid to employees after half a day where they occupy a role at a classification level higher than their substantive classification level consistent with the Australian Public Service Enterprise Award 2015.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2027.

COMMISSIONER

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