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austlii:cth/FWCA/2024/1265
procedural. The National Archives of Australia Enterprise Agreement 2024-2027 was approved under s 185 of the Fair Work Act 2009. The Agreement covers the CPSU. The Agreement was approved on 9 April 2024 and...
The Fair Work Commission approved a new enterprise agreement for the National Archives of Australia. The Commission was satisfied that the agreement met all legal requirements, including the 'better off overall test' (BOOT). The agreement provides better pay, superannuation, and leave than the award, which outweighs any less favourable terms. The Community and Public Sector Union will be covered by the agreement. The agreement starts on 16 April 2024.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
NATIONAL ARCHIVES OF AUSTRALIA ENTERPRISE AGREEMENT 2024 - 2027
Application for approval of the National Archives of Australia enterprise agreement 2024 - 2027
[1] The National Archives of Australia (National Archives) has applied under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement, the National Archives of Australia enterprise agreement 2024 - 2027 (the Agreement).
[2] I am satisfied that the requirements of ss 186, 187 and 188 have been met. In particular, I am satisfied that the Agreement passes the 'better off overall test'. The Agreement provides numerous terms of employment that are more beneficial to employees than those in the relevant award, including substantially higher salaries and employer superannuation contributions, and enhanced entitlements to leave. These terms comfortably outweigh the terms which, in certain respects, are less beneficial than those in the award. In my view each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement. I reach this conclusion having undertaken the global assessment required by s 193A(2), and having considered the views of the National Archives and the Community and Public Sector Union (CPSU), which are that the Agreement passes the BOOT (see s 193A(3) and (4)).
[3] The CPSU has given notice under s 183 that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CPSU.
[4] The Agreement was approved on 9 April 2024 and will operate from 16 April 2024.
Printed by authority of the Commonwealth Government Printer
The National Archives of Australia Enterprise Agreement 2024-2027 was approved under s 185 of the Fair Work Act 2009. The Agreement covers the CPSU. The Agreement was approved on 9 April 2024 and will operate from 16 April 2024.