Fair Work Act 2009

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

National Centre for Vocational Education Research Ltd trading as NCVER

NATIONAL CENTRE FOR VOCATIONAL EDUCATION RESEARCH LTD ENTERPRISE AGREEMENT 2025-2028

Application for approval of the National Centre for Vocational Education Research Ltd Enterprise Agreement 2025-2028

[1] The National Centre for Vocational Education Research Ltd trading as NCVER (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the National Centre for Vocational Education Research Ltd Enterprise Agreement 2025-2028 (the Agreement).

[2] The Community and Public Sector Union (CPSU) 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.

[3] The Agreement lodged as part of the application for approval contained a number of minor typographical and cross-referencing errors. On 17 December 2025, the Applicant filed an amended version of the Agreement addressing these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[4] The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the "NCVER Enterprise Agreement" which does not match the title of the Agreement to be approved. I am satisfied that this is a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

[5] The Agreement does not contain a shiftworker definition, as required by s.196 of the Act. The Employer provided an undertaking that the shiftworker definition at Clause 25.1 of the Clerks - Private Sector Award 2020 (the Clerks Award) will be included in the Agreement for the purposes of the National Employment Standards (NES).

[6] I raised a concern that it was unclear whether the Agreement's workplace delegates' rights term at clause 12 was more favourable than the Clerks Award because it was not apparent that 'reasonable training' was more than the entitlement in the Clerks Award. The Employer provided an undertaking to the effect that a workplace delegate will have at least access to up to five days of paid time during normal working hours for initial training, and at least one day of paid time during normal working hours in each subsequent year. I accept the undertaking addresses this concern.

[7] Clause 34.1 of the Agreement purports that trainees will be paid according to the rates set by Schedule E of the Miscellaneous Award 2020 (the Miscellaneous Award) which sets out minimum wage rates and conditions for employees undertaking traineeships. In circumstances where trainees are paid the same as the Miscellaneous Award under the Agreement, I raised a Better Off Overall Test (BOOT) concern that it is unclear how trainees can be considered better off under the Agreement. The Employer provided an undertaking that trainees will receive all additional benefits provided by the Agreement that apply to employees generally, including but not limited to leave entitlements and the wellbeing payment. I accept the Employer's undertaking addresses this matter and that with the undertaking trainees will better off overall under the Agreement.

[8] 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.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2026. The nominal expiry date of the Agreement is 30 June 2028.

Printed by authority of the Commonwealth Government Printer

National Centre for Vocational Education Research Ltd

Section 185 - Application for approval of a single enterprise agreement

I, John King, Managing Director, have the authority given to me by National Centre for Vocational Education Research Ltd (NCVER) to give the following undertakings with respect to the National Centre for Vocational Education Research Ltd 2025-2028 ("the Agreement"):

For the purposes of section 87(1)(b) of the Fair Work Act 2009 (Cth), an employee covered by this Agreement who is a "shiftworker" as defined by Clause 25.1 of the Clerks - Private Sector Award 2020 will be considered a shiftworker for the purposes of the National Employment Standards, and will receive the additional week of annual leave provided for under the National Employment Standards. This applies to employees who are required to work their ordinary hours on any of the following shifts:

1. a shift finishing after 7.00 pm and at or before midnight (afternoon shift);
2. a shift finishing after midnight, and at or before 7.00 am (night shift);

1. a night shift which does not rotate with another shift or shifts or day work and which continues for a period of 4 consecutive weeks or longer (permanent night shift).

NCVER undertakes that clause 12 of the Agreement does not operate to reduce or limit a workplace delegate's entitlement to paid time for training under the applicable Award.

NCVER further undertakes that a workplace delegate will have access to up to five (5) days of paid time during normal working hours for initial training, and at least one (1) day of paid time during normal working hours in each subsequent year, and that any "reasonable training" provided under clause 12 of the Agreement will be in addition to, and not in substitution for, any Award entitlements.

NCVER undertakes that clause 34.1 of the Agreement does not operate to reduce or limit any trainee's minimum pay or conditions under the Miscellaneous Award 2020.

NCVER further undertakes that trainees covered by the Agreement will receive the minimum wage rates as set out in Schedule E of the Miscellaneous Award 2020 and will also receive all additional benefits provided by the Agreement that apply to employees generally, including but not limited to leave entitlements and the wellbeing payment.

NCVER undertakes that, when these additional Agreement benefits are taken into account, trainees are better off overall under the Agreement than they would be under the Award alone.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

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