NDIS Quality and Safeguards Commission

[2019] FWCA 6924

FAIR WORK COMMISSION

decision

Fair Work Act 2009

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

NDIS Quality and Safeguards Commission

(AG2019/3470)

NDIS Quality and Safeguards Commission Enterprise Agreement 2019 to 2022

Commonwealth employment
Commissioner Yilmaz	MELBOURNE, 8 OCTOBER 2019

Application for approval of the NDIS Quality and Safeguards Commission Enterprise Agreement 2019-2022.

An application has been made for approval of an enterprise agreement known as the NDIS Quality and Safeguards Commission Enterprise Agreement 2019 to 2022 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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

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.

The Agreement is approved and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 15 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the NDIS Quality and Safeguards Commission was the applicant, seeking approval of the NDIS Quality and Safeguards Commission Enterprise Agreement 2019-2022. The dispute arose from negotiations between the Commission and its employees, represented by the Community and Public Sector Union, which led to the creation of the Enterprise Agreement. The central legal issue before the court was whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The court examined the process by which the agreement was negotiated and whether it adhered to the legislative requirements for fair bargaining. Key points of scrutiny included the representation of employees, the negotiation process, and the content of the agreement itself. The court found that the negotiation process was conducted in good faith and that the agreement's terms were fair and reasonable. It also concluded that the agreement did not contravene any provisions of the relevant Acts and provided adequate safeguards for employees.

Following its analysis, the court approved the NDIS Quality and Safeguards Commission Enterprise Agreement 2019-2022, confirming its compliance with the necessary legal standards. The decision underscored the importance of fair and transparent negotiation processes in the creation of enterprise agreements. The court's ruling ensures that the terms of the agreement will apply to the employees of the Commission, providing a framework for their employment conditions over the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established