Principles

461. Genuine and effective consultation with employees and the relevant union(s), taking into account the diverse needs of employees, fosters a positive and inclusive workplace, enabling the views of employees to be considered.

462. National Archives is committed to consulting with employees and relevant union(s) about the implementation of this agreement and issues affecting their entitlements and conditions of employment. National Archives:

     462.1 the importance of inclusive and respectful consultative arrangements;

     462.2 employees and the relevant union(s) should have a genuine opportunity to influence decisions;

     462.3 the nature and extent of consultation will vary depending on the proposed change and the likely impact on employees. Consultation on agency policies may occur over at least 2 weeks, whereas a major change is likely to require a more extensive consultation process;

     462.4 consultation with employees and relevant unions(s) on workplace matters that significantly affect or materially impact them is sound management practice; and

     462.5 the benefits of employee and union involvement and the right of employees to be represented by their union. 

463. Genuine and effective consultation involves:

     463.1 providing employees and the relevant union(s) with a genuine opportunity to influence the decision prior to a decision being made;

     463.2 providing all relevant information to employees and the relevant union(s) in a timely manner to support consideration of the issues;

     463.3 considering feedback from employees and the relevant union(s) in the decision-making process; and

     463.4 advising employees and the relevant union(s) of the outcome of the process, including how their feedback was considered in the decision-making process.

When consultation is required

464. Consultation is required in relation to:

     464.1 changes to work practices which materially alter how an employee carries out their work;

     464.2 changes to or the introduction of policies or guidelines relevant to workplace matters (unless the changes are minor or procedural);

     464.3 major change that is likely to have a significant effect on employees;

     464.4 implementation of decisions that significantly affect employees;

     464.5 changes to employees’ regular roster or ordinary hours of work (subject to any other relevant provisions in this agreement); and

     464.6 other workplace matters that are likely to significantly or materially impact employees.

465. National Archives, employees and the relevant union(s) recognise that consultation prior to a decision may not be practicable where a decision is made by Government or is required due to matters beyond the reasonable control of the agency. In these circumstances, consultation regarding the implementation of the decision will occur as early as is reasonably practicable. Provisions for consultation on major change and introduction of a change to regular roster or ordinary hours of work of employees

466. This clause applies if National Archives:

     466.1 proposes to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or

     466.2 proposes to introduce a change to the regular roster or ordinary hours of work of employees.

Representation

467. Employees may appoint a representative for the purposes of the procedures in this clause. A representative for the purpose of this clause may be a union representative.

468. National Archives must recognise the representative if:

     468.1 a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

     468.2 the employee or employees advise the employer of the identity of the representative.

Major change

469. In this clause, a major change is likely to have a significant effect on employees if it results in, for example:

     469.1 the termination of the employment of employees; or

     469.2 major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or

     469.3 the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

     469.4 the alteration of hours of work; or

     469.5 the need to retrain employees; or

     469.6 the need to relocate employees to another workplace; or

     469.7 the restructuring of jobs.

470. The following additional consultation requirements in clauses 471-477 to apply to a proposal to introduce a major change referred to in clause 464.3.
471. Consultation with employees and the relevant union(s) and/or recognised representatives will occur prior to a decision being made, subject to clause 465.
472. Where practicable, a National Archives change manager or a primary point of contact will be appointed, and their details provided to employees and the relevant union(s) and/or their recognised representatives.
473. National Archives must notify employees and relevant union(s) and/or recognised representatives of the proposal to introduce the major change as soon as practicable.

474. As soon as practicable after proposing the change, or notifying of the change in circumstances described at clause 465, National Archives must:

     474.1 discuss with affected employees and relevant union(s) and/or other recognised representatives:

     474.1.1 the proposed change:

     474.1.2 the effect the proposed change is likely to have on the employees; and

     474.1.3 proposed measures to avert or mitigate the adverse effect of the proposed change on the employees; and

     474.2 for the purposes of the discussion – provide, in writing, to employees and the relevant union(s) and/or other recognised representatives:

     474.2.1 all relevant information about the proposed change, including the nature of the change proposed; and

     474.2.2 information about the expected effects of the proposed change on the employees; and

     474.2.3 any other matters likely to affect the employees.

475. National Archives must give prompt and genuine consideration to matters raised about the major change by employees and the relevant union(s) and/or other recognised representatives.
476. However, National archives is not required to disclose confidential or commercially sensitive information to employees and the relevant union(s) and/or other recognised representatives.
477. If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of National Archives, the requirements set out in clauses 460-477 are taken not to apply.

Change to regular roster or ordinary hours of work

478. The following additional consultation requirements in clauses 479-481 apply to a proposal to introduce a change referred to in clause 464.5.
479. National Archives must notify affected employees and the relevant union(s) and/or other recognised representatives of the proposed change.

480. As soon as practicable after proposing to introduce the change, National Archives must:

     480.1 discuss with employees and the relevant union(s) and/or other recognised representatives:

     480.1.1 the proposed introduction of the change; and

     480.2 for the purposes of the discussion – provide to the employees and relevant union(s) and/or other recognised representatives:

     480.2.1 all relevant information about the proposed change, including the nature of the proposed change; and

     480.2.2 information about what the employer reasonably believes will be the effects of the proposed change on the employees; and

     480.2.3 information about any other matters that the employer reasonably believes are likely to affect the employees; and

     480.3 invite employees and the relevant union(s) and/or other recognised representatives to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). However, National Archives is not required to disclose confidential or commercially sensitive information to the relevant employees and the relevant union(s) and/or other recognised representatives.

481. National Archives must give prompt and genuine consideration to matters raised about the proposed change by the employees and the relevant union(s) and/or other recognised representatives.

Interaction with emergency management activities

482. Nothing in this term restricts or limits the ability of a designated emergency management body to undertake activities provided at section 195A(1) of the FW Act.

486. The Director-General will support the operation of the APS consultative committee to the extent possible. This includes providing information requested by the Australian Public Service Commission to support the operation of the APS consultative committee, subject to legislative requirements.

487. If a dispute relates to:

     487.1 a matter arising under the agreement; or

     487.2 the National Employment Standards; this term sets out procedures to settle the dispute.

488. An employee or union who is covered by this agreement may initiate and/or be a party to a dispute under this term.
489. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. Representatives will be recognised and dealt with in good faith.
490. Parties to the dispute must attempt to resolve the dispute at the workplace level, by discussion between the employee or employees and relevant managers. Parties to the dispute will notify higher level managers to assist in the resolution of the dispute. Parties will give genuine consideration to proposals to resolve the dispute.
491. If a dispute about a matter arising under this agreement is unable to be resolved at the workplace level, and all appropriate steps under clause 490 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.

492. The Fair Work Commission may deal with the dispute in 2 stages:

     492.1 the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

     492.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:

     492.2.1 arbitrate the dispute; and

     492.2.2 make a determination that is binding on the parties. 

Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

493. While the parties are attempting to resolve the dispute using the procedures in this term:

     493.1 an employee must continue to perform their work as they would normally in accordance with established custom and practice at National Archives that existed immediately prior to the dispute arising unless they have a reasonable concern about an imminent risk to their health or safety; and

     493.2 subject to 493.1, an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:

     493.2.1 the work is not safe; or

     493.2.2 applicable work health and safety legislation would not permit the work to be performed; or

     493.2.3 the work is not appropriate for the employee to perform; or

     493.2.4 there are other reasonable grounds for the employee to refuse to comply with the direction.

494. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.
495. Any disputes arising under National Archives of Australia Enterprise Agreement 2017-2020 as maintained by Public Service (Subsection 24(1) National Archives of Australia Non-SES Employees) Determination 2020/5 and Public Service (Subsection 24(1) National Archives of Australia Non-SES Employees) Determination 2023/4 or the National Employment Standards that were formally notified under clause 327 – 333 of National Archives of Australia Enterprise Agreement 2017-2020 before the commencement of this agreement, that remain unresolved at the date of commencement of this agreement, will be progressed under the dispute resolution procedures in this agreement.

Leave of absence to attend proceedings

496. Where the provisions of clauses 491-495 have been complied with, and to assist in the resolution of the matter, the employee, and/or the union delegate or other employee representative referred to in clause 488, or employee required to provide evidence, will be granted paid time to attend dispute resolution processes and proceedings in the Fair Work Commission arising from referral of the matter in clause 491.

497. Union delegates play an important and legitimate role in the workplace. This includes representing their members and supporting employee access to union officials and providing employee views to the agency.
498. The role of union delegates is to be respected and supported.
499. National Archives and union delegates will work together respectfully and collaboratively.
500. A protocol for union and workplace delegate activity will be agreed and maintained by the Director-General and relevant unions.

Supporting the role of union delegates

501. National Archives respects the role of union delegates to:

     501.1 provide information, consult with and seek feedback from employees in the workplace on workplace matters;

     501.2 consult with other delegates and union officials, and get advice and assistance from union officials;

     501.3 represent the interests of members to the employer and industrial tribunals; and

     501.4 represent members at relevant union forums, consultative committees or bargaining.

502. National Archives and union delegates recognise that undertaking the role of a union delegate is not the primary purpose of an employee’s engagement and must work with and not unreasonably impact their regular duties. Honorary officials may request additional time and facilities from time to time.
503. Union delegates will be provided with reasonable paid time during their normal working hours to perform their union delegate role. The paid time provided should not result in disruption to critical services or operational requirements.

504. To support the role of union delegates, National Archives will, subject to legislative and operational requirements, including privacy and security requirements:

     504.1 provide union delegates with reasonable access to agency facilities and resources, including for paid or unpaid meetings between employees and their unions and to communicate with union officials;

     504.2 advise union delegates and other union officials of the agency facilities and resources available for their use, which may include telephone, photocopying, internet, and email;

     504.3 allow reasonable official union communication appropriate to the agency from union delegates with employees, including through email, intranet pages and notice boards. This may include providing a link to a union website for employees to access union information. Any assistance in facilitating email communications does not include an agency vetoing reasonable communications;

     504.4 provide access to new employees as part of induction; and

     504.5 provide reasonable access to union delegates to attend appropriate paid time training in workplace relations matters, during normal working hours.

505. Where APS employees are elected as officials of a trade union or professional association, they are not required to seek permission from the workplace or National Archives before speaking publicly in that capacity, subject to the APS Code of Conduct and legislative requirements.

506. National Archives recognises the legitimate role of unions in the workplace and that employees are free to choose whether or not to join a union. An employee may have an employee representative who may be a union or a nominated non-union representative to represent their interests. National Archives, the employee and their representative will deal with each other in good faith. The role of employee representatives will be respected and facilitated, in accordance with the FW Act 2009.