Part A – Agreement
- This Agreement is made under section 172 of the Fair Work Act 2009 (the Fair Work Act) and will be known as the National Archives of Australia Enterprise Agreement 2017-2020
- In accordance with section 53 of the Fair Work Act 2009, this Agreement covers:
- the Commonwealth of Australia, represented by the Director-General; and
- all eligible employees under the Public Service Act 1999 excluding those employees substantively performing duties in the Senior Executive Service.
- This Agreement will commence operation seven (7) days after approval by the Fair Work Commission.
- This Agreement will nominally expire three years after the date of commencement.
Interaction with Acts
- It is acknowledged that employment is subject to the provisions of various Acts including entitlements, regulations, directions, rules or instruments made under those Acts including, but not limited to, the:
- Administrative Decisions (Judicial Review) Act 1977;
- Age Discrimination Act 2004;
- Archives Act 1983;
- Disability Discrimination Act 1992;
- Fair Work Act 2009;
- Public Governance, Performance and Accountability Act 2013;
- Freedom of Information Act 1982;
- Long Service Leave (Commonwealth Employees) Act 1976;
- Maternity Leave (Commonwealth Employees) Act 1973;
- Work Health and Safety Act 2011;
- Public Service Act 1999;
- Privacy Act 1988;
- Racial Discrimination Act 1975;
- Safety, Rehabilitation and Compensation Act 1988;
- Sex Discriminations Act 1984;
- Superannuation Act 1976;
- Superannuation Act 1990;
- Superannuation Act 2005;
- Superannuation Benefits (Supervisory Mechanisms) Act 1990;
- Superannuation (Productivity Benefit) Act 1988;
- Superannuation Guarantee (Administration) Act 1992.
Supporting policies and guidelines
- The application of this Agreement is supported by policies, programs and/or guidelines. If there is any inconsistency between the policies, programs and/or guidelines the express terms of the Agreement prevail. Policies, programs and/or guidelines supporting the operation of this Agreement do not form part of the Agreement.
- The Archives and its employees agree that such policies, programs and guidelines when developed or varied will be available to all employees and the Workplace Relations Committee (WRC) for a reasonable period to provide comment and feedback. The Archives will consider any comments and feedback received prior to a decision being made. Further information can be found in the Workplace Relations Committee's Terms of Reference.
Delegation of powers and functions
- The Director-General may, in writing, delegate to another Archives employee, any of their powers or functions under this Agreement, except for this power to delegate and may do so with conditions.
- An Archives employee exercising delegated powers or functions under this Agreement must comply with the written directions of the Director-General.
Individual Flexibility Arrangements
- The Director-General and an employee covered by this Agreement may agree to make an Individual Flexibility Arrangement to vary the effect of terms of the Agreement if:
- the Arrangement deals with one or more ofthe following matters:
- arrangements about when work is performed;
- overtime rates;
- penalty rates;
- remuneration; and/or
- ileave; and
- the Arrangement meets the genuine needs of the Archives and the employee in relation to one or more of the matters mentioned in paragraph (a); and
- the Arrangement is genuinely agreed to by the Director-General and the employee.
- The Director-General must ensure that the terms of the Individual Flexibility Arrangement:
- are about permitted matters under section 172 of the Fair Work Act 2009; and
- are not unlawful terms under section 194 of the Fair Work Act 2009; and
- result in the employee being better off overall than the employee would be if no Arrangement was made.
- The Director-General must ensure that the Individual Flexibility Arrangement:
- is in writing; and
- includes the name of the employer and employee; and
- is signed by the Director-General and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
- includes details of:
- the terms of the Agreement that will be varied by the Arrangement; and
- how the Arrangement will vary the effect of the terms; and
- how the employee will be better off overall in relation to the terms and conditions of their employment as a result of the Arrangement; and
- states the day on which the Arrangement commences and, where applicable, when the Arrangement ceases.
- The Director-General must give the employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to.
- The Director-General or the employee may terminate the Individual Flexibility Arrangement:
- by giving no more than 28 days written notice to the other party to the Arrangement; or
- if the Director-General and the employee agree in writing – at any time.