DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Australian Aboriginal Congress Aboriginal Corporation
(AG2017/4231)

CENTRAL AUSTRALIAN ABORIGINAL CONGRESS ENTERPRISE AGREEMENT 2017 – 2021

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 29 NOVEMBER 2017

Application for approval of the Central Australian Aboriginal Congress Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Central Australian Aboriginal Congress Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kim Mannering on behalf of the Central Australian Aboriginal Congress 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 Australian Nursing and Midwifery Federation, Australian Salaried Medical Officers Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 28 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Central Australian Aboriginal Congress Aboriginal Corporation sought approval of the Enterprise Agreement 2017 - 2021. The application was before the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees of the Congress. The primary issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms, and whether it had been genuinely bargained for and certified as a genuine agreement by the Fair Work Commission.

The Fair Work Commission examined the agreement to ensure it complied with the legislative criteria. It considered the fairness of the terms, the process of bargaining, and the certification by the Fair Work Commission. The court evaluated the evidence presented by the parties and reviewed the terms of the agreement to determine if it met the statutory requirements. After thorough consideration, the Commission found that the agreement did indeed meet the necessary criteria and was therefore approved.

Consequently, the Fair Work Commission approved the Central Australian Aboriginal Congress Enterprise Agreement 2017 - 2021. The agreement was deemed to provide for fair and reasonable terms of employment and had been genuinely bargained for. The Commission's decision was based on the evidence and submissions provided by both parties, ensuring that the agreement complied with the relevant legislative framework.

Central Australian Aboriginal Congress 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