Part A – Agreement

Title

  1. 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

Coverage

  1. 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.

Duration

  1. This Agreement will commence operation seven (7) days after approval by the Fair Work Commission.
  2. This Agreement will nominally expire three years after the date of commencement.

Interaction with Acts

  1. 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

  1. 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.
  2. 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

  1. 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.
  2. An Archives employee exercising delegated powers or functions under this Agreement must comply with the written directions of the Director-General.

Individual Flexibility Arrangements

  1. 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:
    1. the Arrangement deals with one or more ofthe following matters:
      1. arrangements about when work is performed;
      2. overtime rates;
      3. penalty rates;
      4. allowances;
      5. remuneration; and/or
      6. ileave; and
    2. 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
    3. the Arrangement is genuinely agreed to by the Director-General and the employee.
  2. The Director-General must ensure that the terms of the Individual Flexibility Arrangement:
    1. are about permitted matters under section 172 of the Fair Work Act 2009; and
    2. are not unlawful terms under section 194 of the Fair Work Act 2009; and
    3. result in the employee being better off overall than the employee would be if no Arrangement was made.
  3. The Director-General must ensure that the Individual Flexibility Arrangement:
    1. is in writing; and
    2. includes the name of the employer and employee; and
    3. 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
    4. includes details of:
      1. the terms of the Agreement that will be varied by the Arrangement; and
      2. how the Arrangement will vary the effect of the terms; and
      3. 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
    5. states the day on which the Arrangement commences and, where applicable, when the Arrangement ceases.
  4. The Director-General must give the employee a copy of the Individual Flexibility Arrangement within 14 days after it is agreed to.
  5. The Director-General or the employee may terminate the Individual Flexibility Arrangement:
    1. by giving no more than 28 days written notice to the other party to the Arrangement; or
    2. if the Director-General and the employee agree in writing – at any time.

Copyright National Archives of Australia 2018