NDIS Quality and Safeguards Commission Summary

[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.

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.

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.

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.

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.

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the NDIS Quality and Safeguards Commission and the Australian Council of Trade Unions (ACTU). The dispute centred around the application for approval of the NDIS Quality and Safeguards Commission Enterprise Agreement 2024 to 2027. The Fair Work Commission (FWC) was the court that heard the matter. The Commission was tasked with determining whether the proposed agreement met the necessary standards for approval, particularly in terms of the agreement's compliance with the Fair Work Act 2009.

The primary legal issues before the FWC were whether the proposed enterprise agreement adequately reflected the principles of enterprise bargaining, and whether it provided for the fair and efficient resolution of workplace issues. Additionally, the FWC had to consider if the agreement complied with the specific provisions of the Fair Work Act, including those related to minimum entitlements, bargaining processes, and the overall fairness of the terms and conditions of employment.

The FWC concluded that the proposed agreement did meet the necessary standards for approval. The Commission found that the agreement was the product of genuine enterprise bargaining, as it was negotiated between the employer and the union representatives in good faith. Furthermore, the FWC noted that the agreement contained provisions that ensured the fair and efficient resolution of workplace issues, and that it did not disadvantage employees. The FWC was also satisfied that the agreement complied with the relevant provisions of the Fair Work Act, including those related to minimum entitlements and bargaining processes.

The FWC approved the NDIS Quality and Safeguards Commission Enterprise Agreement 2024 to 2027, deeming it to be in the best interests of the employees covered by the agreement. The decision was made on the basis that the agreement was fairly negotiated, provided for the fair and efficient resolution of workplace issues, and did not disadvantage employees. The FWC's approval of the agreement ensures that the terms and conditions of employment for the employees are set out in a legally binding document, and that the employees are protected by the minimum entitlements provided for under the Fair Work Act.

NDIS Quality and Safeguards Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established