1. This agreement will be known as the National Archives of Australia enterprise agreement 2024 - 2027.

2. This agreement covers:

   2.1 the Director-General, for and on behalf of the Commonwealth of Australia as the employer.

   2.2 all employees in National Archives employed under the PS Act other than:

   2.2.1 Senior Executive Service employees or equivalent; and

   2.3 subject to notice being given in accordance with section 183 of the FW Act, the following employee organisation/s which were a bargaining representative for this agreement:

   2.3.1 Community and Public Sector Union.

3. This agreement will commence operation seven days after approval by the Fair Work Commission.
4. This agreement will nominally expire on 28 February 2027.

5. The Director-General may delegate to or authorise any person to perform any or all of the Director-General’s powers or functions under this agreement, including the power of delegation, and may do so subject to conditions.
6. National Archives employees exercising delegated powers or functions under this agreement must comply with the written directions of the Director-General.

7. The terms of this agreement are intended to apply in a manner that does not derogate from the NES. The NES will continue to apply to the extent that any term of this agreement is detrimental to an employee of National Archives in any respect when compared with the NES.

8. This agreement states the terms and conditions of employment of employees covered by this agreement, other than terms and conditions applying under relevant Commonwealth laws.
9. This agreement will be supported by policies and guidelines, as implemented and varied from time to time.
10. Policies and guidelines are not incorporated into and do not form part of this agreement. To the extent that there is any inconsistency between policies and guidelines and the terms of this agreement, the terms of this agreement will prevail.

11. National Archives 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:

    11.1 the agreement deals with one or more of the following matters:

    11.1.1 arrangements about when work is performed;

    11.1.2 overtime rates;

    11.1.3 penalty rates;

    11.1.4 allowances;

    11.1.5 remuneration; and

    11.1.6 leave and leave loading; and

    11.2 the arrangement meets the genuine needs of National Archives and employee in relation to one or more of the matters mentioned in clause 11.1 and

    11.3 the arrangement is genuinely agreed to by National Archives and employee.

12. National Archives must ensure that the terms of the individual flexibility arrangement:

    12.1 are about permitted matters under section 172 of the FW Act;

    12.2 are not unlawful terms under section 194 of the FW Act; and

    12.3 result in the employee being better off overall than the employee would be if no arrangement was made.

13. National Archives must ensure that the individual flexibility arrangement:

    13.1 is in writing;

    13.2 includes the name of the National Archives and employee;

    13.3 is signed by the National Archives and employee and, if the employee is under 18 years of age, signed by a parent or guardian of the employee; and

    13.4 includes details of:

    13.4.1 the terms of the enterprise agreement that will be varied by the arrangement;

    13.4.2 how the arrangement will vary the effect of the terms;

    13.4.3 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

    13.5 states the day on which the arrangement commences.

14. National Archives must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

15. National Archives or employee may terminate the individual flexibility arrangement:

    15.1 by giving no more than 28 days written notice to the other party to the arrangement; or

    15.2 if National Archives and employee agree in writing – at any time.

16. National Archives and employee are to review the individual flexibility arrangement at least every 12 months.

17. The following definitions apply to this agreement:

APS agency means an agency whose employees are employed under the PS Act, including an agency as defined in section 7 of the PS Act whose employees are employed under that Act.

APS consultative committee means the committee established by the APS Commissioner to consider matters pertaining to the (APS) employment relationship and of interest to the APS as a whole.

Agreement means National Archives of Australia enterprise agreement.

APS means the Australian Public Service.

APS Employee means an employee engaged under section 22(2) of the Public Service Act 1999.

Australian Defence Force Cadets means the Australian Navy Cadets, Australian Army Cadets, or the Australian Air Force Cadets.

Bandwidth means the span of hours during which an employee can perform ordinary hours.

Broadband refers to the allocation of more than one approved classification by the Director-General to a group of duties involving work value applying to more than one classification under sub-rule 9(4) of the Public Service Classification Rules 2000. A broadband encompasses the full range of work value of the classifications contained within it.

Cadet APS means an employee allocated the classification of Cadet APS in accordance with the Public Service Classification Rules 2000. Cadet APS are engaged to undertake an approved vocational course and work placements.

Casual employee (irregular or intermittent employee) means an employee engaged under section 22(2)(c) of the PS Act who:
a. is a casual employee as defined by the FW Act; and
b. works on an irregular or intermittent basis.

Classification or classification level means the approved classifications as set out in rule 5 of the Public Service Classification Rules 2000.

Child means a biological child, adopted child, foster child, stepchild, or ward.

Christmas close-down period means the days between Christmas Day and New Year’s Day which would otherwise be working days.

Continuous service means a period of service not broken by periods of unpaid leave that does not count for service.

De facto partner means a person who, regardless of gender, is living in a common household with the employee in a bona fide, domestic, interdependent partnership, although not legally married to the employee. This includes a former de facto partner.

Deemed resignation means an earlier period of service that was with the APS and ceased because the employee was deemed to have resigned from the APS due to marriage under the repealed section 49 of the Public Service Act 1972.

Delegate means someone to whom a power or function has been delegated.

Dependant means the employee’s spouse or de facto partner, a child, parent or aged relative of the employee or the employee’s spouse or de facto partner, who ordinarily lives with the employee and who is substantially dependent on the employee. Dependant also includes a child of the employee who does not ordinarily live with the employee but for whom the employee provides substantial financial support.

Different locality means, for the purposes of clause 512.3, another town or city, the location of which, is such that the employee would reasonably be required to move house in order to maintain employment.

Director-General means the Accountable Authority of National Archives or the Director-General’s delegate.

Emergency Management Body means a body, or part of a body, that has a role or function under a plan that is for coping with emergencies and/or disasters; and is prepared by the Commonwealth, a State or Territory; or a fire-fighting, civil defence or rescue body, or part of such a body; or any other body, a substantial purpose of which involves securing the safety of persons or animals in an emergency or natural disaster; or protecting the property in an emergency or natural disaster; or otherwise responding to an emergency or natural disaster; or a body, or part of a body, prescribed by the Fair Work Regulations.

Employee means an employee of the Commonwealth engaged under section 22(2) of the PS Act who is covered by this agreement (whether full-time, part time or casual, ongoing or non-ongoing).

Employee representative means a person (whether an employee or not) elected or chosen by an employee or elected or chosen by a group of employees in a workplace, to represent the individual and/or collective views of those employees in relation to a matter under this agreement.

Family means:

a. a spouse, former spouse, de facto partner or former de facto partner of the employee, or genuine domestic relationship;

b. a child, parent, grandparent, grandchild, or sibling of the employee;

c. a child, parent, grandparent, grandchild, or sibling of a spouse, former spouse, de facto partner or former de facto partner of the employee, a relation through an adopted, fostered or stepchild of the employee;

d. a member of the employee's household; or

e. a person with whom the employee has a relationship of traditional kinship where there is a relationship or obligation, under customs and traditions of the community or group to which the employee belongs.

Family and domestic violence has the same meaning as in section 106B(2) of the FW Act.

Foster Child – for the purposes of Foster Leave means a child who is under 16 on the expected day of placement who has not lived with the employee for a continuous period of six months or more and is not a child (otherwise than because of the fostering arrangement) of the employee or the employee’s spouse or de facto partner.

Full-time employee means an employee employed to work an average of National Archives standard working hours: 37 hours and 05 minutes per week in accordance with this agreement.

FW Act means the Fair Work Act 2009 as amended from time to time.

Graduate means an employee allocated the local title of National Archives Graduate. National Archives Graduate has already successfully completed a tertiary qualification or comparable course of training.

Graduate Cadet means an employee allocated the local title of Graduate Cadet. Graduate Cadets have successfully completed a tertiary qualification or equivalent course of study.

Individual Flexibility Arrangement means an individual written agreement between an employer and an employee made in accordance with the Fair Work Act 2009.

Manager means an employee’s direct manager who is usually the person to whom an employee reports to on a day-to-day basis for work related matters and may include a person referred to as a supervisor.

Medical Evidence means a certificate from a health practitioner registered, or licensed, as a health practitioner (or as a health practitioner of a particular type) under a law of a State or Territory that provides for the registration or licensing of health practitioners (or health practitioner of that type).

ML Act means the Maternity Leave (Commonwealth Employees) Act 1973 as amended from time to time and any successor legislation.

National Archives means National Archives of Australia.

Non-ongoing employee means an employee engaged under section 22(2)(b) of the PS Act for a specified term or for the duration of a specified task, and consistent with the FW Act.

NES means the National Employment Standards at Part 2-2 of the FW Act.

Ongoing employee means an employee engaged under section 22(2)(a) of the PS Act.

Ordinary hours, duty or work means an employee’s usual hours worked in accordance with this agreement and does not include additional hours.

Parliamentary service means employment under the Parliamentary Service Act 1999.

Partner means a spouse (including a former spouse) or de facto partner (including a former de facto partner), or person who is a member of a couple in a relationship, irrespective as to the sexual preference which defines that relationship.

Part-time employee means an employee whose ordinary hours are less than National Archives’ standard working hours: 37 hours and 05 minutes per week in accordance with this agreement.

Primary caregiver for the purposes of the parental leave clause means a pregnant employee with an entitlement under the ML Act, or an employee other than a casual employee who has primary care responsibility for a child who is born to them or who is adopted or in long-term foster care as per the clauses on adoption and long-term foster care in this agreement.

PS Act means the Public Service Act 1999 as amended from time to time. 

Redeployment means the reassignment of duties with the Agency or movement to another APS Agency.

Relevant employee means an affected employee.

Secondary caregiver for the purposes of the parental leave clause means an employee, other than a pregnant employee or casual employee, who has secondary care responsibility for a child who is born to them, or for a child who is adopted or in long-term foster care as per the clauses on adoption and long-term foster care in this agreement.

Standard Working Day means the hours of work for a full-time equivalent employee per day (Monday to Friday) of 7 hours and 25 minutes (8:30am – 12:30pm and 1:30pm – 4:55pm).

Standard Working Week means the hours of work for a full-time equivalent employee per week (Monday to Friday) of 37 hours and 05 minutes.

Trainee APS (Administrative) means an employee allocated the classification of Trainee APS (Administrative) in accordance with the Public Service Classification Rules 2000. Trainee APS (Administrative) engaged to undertake a structured program of in-house training or an approved vocational course combining time at work with training. 

Time off in Lieu (TOIL) is a flexible work arrangement agreed between an employee and their manager to recognise where additional hours have been worked. 

Usual Location of Work means the employee’s usual office location for work as identified in their letter of offer or other engagement documentation. If no designated location is specified on engagement, the Director-General may specify a usual location of work by advising the employee in writing. The Director-General and employee may agree to vary the location of work, on a temporary basis, in which the employee performs their work through an approved formal flexible work arrangement. Where 100 per cent remote work arrangements are in place, the remote address will be their normal work location for public holiday purposes.