DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BushMob Aboriginal Corporation
(AG2016/4429)

BUSHMOB ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 18 OCTOBER 2016

Application for approval of the BushMob Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BushMob Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BushMob 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 18 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the BushMob Enterprise Agreement 2016, which was between BushMob Aboriginal Corporation and its employees. The dispute arose from the negotiation process and the terms of the proposed agreement. The application was heard by the Commission in its original jurisdiction under section 234 of the Fair Work Act 2009. The applicants, BushMob Aboriginal Corporation, sought the approval of the agreement which had been registered by the Australian Industrial Relations Commission. The respondents, represented by the Fair Work Ombudsman, objected to the approval on the grounds that the agreement did not meet the statutory requirements for fair and equitable terms and conditions of employment.

The legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it was genuinely negotiated and fairly and reasonably made. The respondents argued that the agreement did not provide for adequate protections for employees, particularly in relation to termination and redundancy provisions. The Commission considered whether the agreement provided for fair and equitable terms and conditions of employment, including whether it met the statutory requirements for procedural fairness, genuine negotiation, and fair and reasonable terms.

In its decision, the Commission found that the agreement was genuinely negotiated and fairly and reasonably made. The Commission noted that the agreement provided for fair and equitable terms and conditions of employment, including provisions for procedural fairness, genuine negotiation, and fair and reasonable terms. The Commission also found that the agreement provided for adequate protections for employees, including in relation to termination and redundancy provisions. The Commission was satisfied that the agreement met the statutory requirements for approval under section 234 of the Fair Work Act 2009.

The Commission approved the BushMob Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the statutory requirements. The modifications included the addition of a clause to provide for the payment of redundancy pay in certain circumstances, and the inclusion of a dispute resolution procedure. The Commission also noted that the agreement contained provisions for the protection of vulnerable employees, including those with disabilities or those who were pregnant or lactating. The Commission was satisfied that the agreement met the statutory requirements for approval under section 234 of the Fair Work Act 2009.

BushMob 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