DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape York Land Council Aboriginal Corporation
(AG2015/6956)

CAPE YORK LAND COUNCIL SINGLE ENTERPRISE AGREEMENT 2015

Clerical industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2015

Application for approval of the Cape York Land Council Single Enterprise Agreement 2015

[1] Cape York Land Council Aboriginal Corporation applies for approval of an enterprise agreement known as the Cape York Land Council Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Cape York Land Council Aboriginal Corporation, sought approval of the Single Enterprise Agreement 2015, which was the subject of a dispute between the applicant and its employees. The Federal Circuit Court of Australia was tasked with determining whether the agreement should be approved and registered. The applicant argued that the agreement was an authentic expression of the parties' intentions and was consistent with the requirements of the Fair Work Act 2009.

The court considered the legal framework under which the agreement was made, including the relevant provisions of the Fair Work Act, the Fair Work Regulations, and the Fair Work (Registered Organisations) Act 2009. The court examined whether the agreement was made in good faith, whether it complied with the procedural requirements of the Act, and whether it was consistent with the principles of the Act. The court also considered whether the agreement was an authentic expression of the parties' intentions and whether it was consistent with the requirements of the Act.

The court found that the agreement was an authentic expression of the parties' intentions and was consistent with the requirements of the Act. The court was satisfied that the agreement had been made in good faith and complied with the procedural requirements of the Act. The court was also satisfied that the agreement was consistent with the principles of the Act and that it did not contain any provisions that were inconsistent with the Act. The court approved and registered the agreement, and it became binding on the parties from the date of the court's decision.

The court ordered that the Single Enterprise Agreement 2015 be approved and registered, and that it be binding on the parties from the date of the court's decision. The court also ordered that the agreement be published on the Fair Work Commission's website and that a copy of the agreement be provided to the Fair Work Commission.

Cape York Land Council 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