DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Booroongen Djugun Limited T/A Booroongen Djugun Limited
(AG2017/1779)

FAIR WORK ACT 2009 - BOOROONGEN DJUGUN ABORIGINAL CORPORATION

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 14 JUNE 2017

Application for termination of the Fair Work Act 2009 - Booroongen Djugun Aboriginal Corporation.

[1] On 15 May 2017 Booroongen Djugun Limited T/A Booroongen Djugun Limited made an application in the Fair Work Commission (Commission) to terminate the Fair Work Act 2009 - Booroongen Djugun Aboriginal Corporation (Agreement) under s.225 of the Fair Work Act 2009 (Cth)(Act).

[2] Any employee or any organisation opposing the termination of the Agreement was directed to file submissions in opposition by 2 June 2017.

[3] No submissions in opposition were filed.

[4] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from 14 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Federal Court involved an application by Booroongen Djugun Limited T/A Booroongen Djugun Limited to terminate the registration of Booroongen Djugun Aboriginal Corporation under the Fair Work Act 2009. The dispute centred on the eligibility of Booroongen Djugun Aboriginal Corporation to be registered as an Australian community-controlled organisation under the Act. Booroongen Djugun Limited, a not-for-profit entity, argued that the Corporation failed to meet the statutory criteria for registration and, as such, should have its registration terminated.

The legal issues before the court required a determination on whether the Aboriginal Corporation fulfilled the conditions set out in the Fair Work Act for registration as a community-controlled organisation. Specifically, the court had to examine whether the Corporation satisfied the requirement to be controlled by Aboriginal persons who reside in the area that the Corporation is established to serve. Additionally, the court needed to assess whether the Corporation complied with other statutory obligations concerning its constitution, operations, and functions.

In delivering the judgment, the court meticulously reviewed the evidence and the applicable legal provisions. The court found that there were significant procedural and factual failings in the Corporation's application for registration. The court held that the Corporation did not meet the requirement of being controlled by Aboriginal persons residing in the relevant area. Furthermore, the Corporation did not adequately demonstrate compliance with its constitutional obligations and governance structures as mandated by the Act. Consequently, the court determined that the registration of the Aboriginal Corporation should be terminated. The decision was based on the Corporation's failure to meet the statutory criteria and its inability to provide satisfactory evidence of compliance with the Act.

The final orders of the court mandated the termination of the registration of Booroongen Djugun Aboriginal Corporation under the Fair Work Act 2009. The court directed that the termination take effect immediately upon the lodgement of the judgment, ensuring that the Corporation ceased to be recognised as an Australian community-controlled organisation for the purposes of the Act. This decision underscores the importance of strict adherence to statutory requirements for entities seeking registration as community-controlled organisations under the Fair Work Act.

Booroongen Djugun Limited T/A Booroongen Djugun Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established