NDIS Quality and Safeguards Commission

[2024] FWCA 1295

[2024] FWCA 1295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NDIS Quality and Safeguards Commission

(AG2024/1019)

NDIS QUALITY AND SAFEGUARDS COMMISSION ENTERPRISE AGREEMENT 2024 TO 2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 15 APRIL 2024

Application for approval of the NDIS Quality and Safeguards Commission Enterprise Agreement 2024 to 2027.

1. An application has been made for approval of an enterprise agreement known as the NDIS Quality and Safeguards Commission Enterprise Agreement 2024 to 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NDIS Quality and Safeguards Commission. The Agreement is a single enterprise agreement.

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

1. CPSU, 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.

1. The Applicant has also made an application pursuant to s.218A of the Act which allows the Commission to vary an enterprise agreement to correct or amend an obvious error, defect or irregularity. The application seeks to make amendments to the pay scales for classification level APS1 in Appendix A and the clause numbering in Part 9 of the Agreement. The Applicant submits that the CPSU was consulted about the variation application and has indicated its consent to the application.

1. The Applicant submits that it inadvertently omitted to include in the copy of the Agreement lodged with the Commission an adjustment in the base salary range to address pay fragmentation, being an agreed outcome during the bargaining process which would see a slight increase of base pay rates for APS1 classification.

1. The Applicant next submits that the incorrect clause numbering in Part 9 was caused by a formatting error that occurred when the Microsoft Word version of the Agreement was converted to a PDF format.

1. In addition, the Applicant seeks to correct a typographical error identified by the Commission in the agreement title page.

1. I have sought the views of the bargaining representatives and no submissions in opposition to the proposed variations were received. Having considered the material filed in support of the application, I am satisfied that the amendments sought by the Applicant are errors and it is appropriate to make the correction pursuant to s.218A of the Act such that the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement. The Applicant has filed an amended version of the Agreement incorporating the variations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

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