DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bawinanga Aboriginal Corporation
(AG2017/2060)

BAWINANGA ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 20 DECEMBER 2017

Application for approval of the Bawinanga Aboriginal Corporation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bawinanga Aboriginal Corporation Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bawinanga Aboriginal Corporation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 19 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Bawinanga Aboriginal Corporation, an entity representing several Aboriginal communities in the Northern Territory, applied for the approval of the Enterprise Agreement 2017. The application arose from negotiations between the corporation and its employees, seeking to establish terms and conditions of employment for the workers. The agreement, if approved, would govern the employment conditions of the employees and set out the rights and obligations of both the corporation and its workforce.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was a bona fide enterprise agreement, if it had been made in good faith, and whether it complied with the provisions of the Act, including those concerning minimum entitlements and the protection of vulnerable employees. Additionally, the Commission examined whether the agreement contained terms that were contrary to public policy or contravened any other law.

The Commission found that the agreement was a bona fide enterprise agreement, made in good faith, and did not contravene any provisions of the Act. It was noted that the agreement contained terms that were not less favourable than the applicable minimum entitlements and did not include any terms that were contrary to public policy or other laws. The Commission was satisfied that the agreement had been negotiated with adequate representation and consultation, and that the employees had been given a reasonable opportunity to be involved in the negotiation process. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Enterprise Agreement 2017, determining that it met all statutory requirements and was fair and reasonable in all its terms. The agreement was registered, and the terms and conditions set out within it became binding on the parties from the effective date specified in the agreement.

Bawinanga Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established