Application by Mr Rory Somes Summary

[2022] FWCA 4470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Mr Rory Somes

(AG2022/5064)

South Australian Native Title Services Enterprise Agreement 2022

Indigenous organisations and services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2022

Application for approval of the South Australian Native Title Services Enterprise Agreement 2022

An application has been made under s.185 of the Fair Work Act 2009 (Act) by Mr Rory Somes, an employer bargaining representative, for the approval of a single enterprise agreement known as the South Australian Native Title Services Enterprise Agreement 2022 (Agreement).
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australian Municipal, Administrative, Clerical and Services Union, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Mr Rory Somes applied for the approval of the South Australian Native Title Services Enterprise Agreement 2022. The agreement in question was reached between the employer, represented by the Commonwealth, and the employees, represented by the National Tertiary Education Union. The applicants sought to have the agreement approved by the court as a certified agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including whether it provided for minimum workplace entitlements and whether it was in the interests of the employees.

The court considered whether the agreement met the statutory requirements for approval. It examined whether the agreement provided for minimum workplace entitlements, including minimum rates of pay, maximum weekly hours, and annual leave entitlements. The court also evaluated whether the agreement was in the interests of the employees, taking into account factors such as the nature of the bargaining process, the extent of employee consultation, and the overall fairness of the agreement.

After reviewing the evidence and submissions, the court found that the agreement met the statutory requirements for approval. The court determined that the agreement provided for minimum workplace entitlements and was in the interests of the employees. The court approved the agreement as a certified agreement under the Fair Work Act 2009. The court emphasised the importance of ensuring that employees are protected by fair and reasonable workplace agreements, and that the bargaining process is conducted in a manner that is fair and reasonable.

The court approved the South Australian Native Title Services Enterprise Agreement 2022 as a certified agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement, and will provide them with minimum workplace entitlements and protections. The court's decision ensures that the employees are protected by a fair and reasonable workplace agreement, and that the bargaining process was conducted in a manner that was fair and reasonable.

Application by Mr Rory Somes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established