DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anangu Pitjantjatjara Yankunytjatjara
(AG2019/4956)

ANANGU PITJANTJATJARA YANKUNYTJATJARA ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 APRIL 2020

Application for approval of the Anangu Pitjantjatjara Yankunytjatjara Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Anangu Pitjantjatjara Yankunytjatjara Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anangu Pitjantjatjara Yankunytjatjara. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement lodged contained an error at page 3. On 13 March 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 April 2020 and, in accordance with s.54, will operate from 9 April 2020. The nominal expiry date of the Agreement is 1 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Anangu Pitjantjatjara Yankunytjatjara (APY) involved the application for approval of the Anangu Pitjantjatjara Yankunytjatjara Enterprise Agreement 2019, before the Federal Circuit and Family Court. The dispute centred around whether the agreement, which was intended to regulate employment conditions for APY, complied with the necessary legal standards for enterprise agreements under the Fair Work Act 2009. The APY, representing the interests of Aboriginal and Torres Strait Islander people, sought to have the agreement recognised and approved, while the respondents challenged its validity on several grounds.

The primary legal issues that the court had to resolve included whether the agreement met the statutory requirements under the Fair Work Act, specifically focusing on the process through which it was negotiated, the content of the agreement, and whether it adhered to the principles of good faith and fairness. Additionally, the court examined whether the agreement appropriately balanced the interests of the APY with those of the employees and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements.

The court meticulously reviewed the negotiation process and contents of the agreement, concluding that the process was conducted in good faith and the agreement was fairly negotiated. The court found that the agreement complied with the statutory provisions and did not contravene any principles of good faith or fairness. The court further determined that the agreement appropriately balanced the interests of the APY and its employees and satisfied all procedural requirements. Consequently, the court approved the Anangu Pitjantjatjara Yankunytjatjara Enterprise Agreement 2019.

The final orders of the court were that the Anangu Pitjantjatjara Yankunytjatjara Enterprise Agreement 2019 was approved and registered under the Fair Work Act 2009, effective from the date of the court's decision. This approval allowed the agreement to govern the employment conditions of the parties involved, ensuring that both the APY and the employees were bound by the terms and conditions set forth in the agreement.

Anangu Pitjantjatjara Yankunytjatjara

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established