A s.768AX (Application to vary copied State instruments) involving the National Disability Insurance Scheme Launch Transition Agency T/A National Disability Insurance Agency (NDIA) has been allowed by Fair Work Deputy President Hamilton in Melbourne on 16 January 2019. On 27 November 2018, the National Disability Insurance Scheme Launch Transition Agency T/A the National Disability Insurance Agency (NDIA) lodged an application under s.768AX of the Fair Work Act 2009 (the Act) to vary a copied State instrument covering a new employer and transferring employees. The NDIA sought to vary the terms of the Public Service Award 1992 (the Award) insofar as it applies to them. The Award is registered by the Western Australian Industrial Relations Commission and has a nominal expiry date of 2 December 1995. As a result of the roll out of the National Disability Insurance Scheme (NDIS) in Western Australia, approximately 150 Western Australian Government employees (the transferring employees) are to be employed by the NDIA. Mark Perica, Senior Legal Officer of the Community and Public Sector Union (CPSU) (SPSF Group), acting on behalf of the CPSU (SPSF Group), the Civil Service Association of Western Australia Incorporated (CSAWA) and its members, some of whom are affected employees, filed submissions in support of the application.
