Aboriginal Hostels Limited

[2024] FWCA 1512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aboriginal Hostels Limited

(AG2024/1205)

ABORIGINAL HOSTELS LIMITED ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 29 APRIL 2024

Application for approval of the Aboriginal Hostels Limited Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Aboriginal Hostels Limited Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aboriginal Hostels Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

CPSU, the Community and Public Sector Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute regarding the approval of the Aboriginal Hostels Limited Enterprise Agreement 2024-2027. The application for approval was brought by Aboriginal Hostels Limited, and the decision was rendered by the Fair Work Commission. The legal issue at hand centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission had to determine if the agreement appropriately balanced the interests of the employees and the employer, complied with the relevant legislative requirements, and adhered to the principles of good faith bargaining. The court examined the specifics of the agreement, including its provisions on wages, conditions of employment, and dispute resolution mechanisms. The decision hinged on whether the agreement provided fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated between the parties.

In reaching its decision, the Fair Work Commission carefully considered the evidence and submissions provided by both Aboriginal Hostels Limited and the employees' representatives. The Commission found that the proposed agreement met the criteria for approval as it contained fair and reasonable terms and conditions for the employees, and it had been genuinely negotiated. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and represented a fair balance between the parties' interests.

The Fair Work Commission approved the Aboriginal Hostels Limited Enterprise Agreement 2024-2027, setting out the approved terms and conditions of employment for the employees. The decision was made in accordance with the statutory requirements and principles of good faith bargaining, ensuring that the agreement was fair and reasonable for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established