Central Australian Aboriginal Family Legal Unit Aboriginal Corporation Summary

[2025] FWCA 2386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Australian Aboriginal Family Legal Unit Aboriginal Corporation

(AG2025/2142)

CENTRAL AUSTRALIAN ABORIGINAL FAMILY LEGAL UNIT ABORIGINAL CORPORATION (CAAFLU) ENTERPRISE BARGAINING AGREEMENT 2025

Social, community, home care and disability services
COMMISSIONER HUNT	BRISBANE, 18 JULY 2025

Application for approval of the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation (CAAFLU) Enterprise Bargaining Agreement 2025

Central Australian Aboriginal Family Legal Unit Aboriginal Corporation (the Employer) has applied for approval of an enterprise agreement known as the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation (CAAFLU) Enterprise Bargaining Agreement 2025 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 May 2025 and the Agreement was made on 2 July 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Municipal, Administrative, Clerical and Services Union (ASU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. For the purpose s.186(3) of the Act, I note that the Agreement covers all of the employees of the Employer

The ASU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2025. The nominal expiry date of the Agreement is 18 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the case of Central Australian Aboriginal Family Legal Unit Aboriginal Corporation, the application was brought before the Fair Work Commission to seek approval of the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation Enterprise Bargaining Agreement 2025. The agreement, aimed at regulating the terms and conditions of employment for the employees of the corporation, was contested on the grounds that it did not adequately protect the interests of the employees, particularly in light of the unique circumstances and needs of the indigenous community in Central Australia. The central legal issue revolved around whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009, ensuring that it provided a safety net for the employees and did not undermine their rights or protections.

The Fair Work Commission carefully examined the proposed agreement to determine if it met the statutory criteria, including whether it provided a safety net of minimum entitlements, did not under-pay employees, and aligned with the principles of the Fair Work Act. The Commission also considered the specific context of the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation, recognising the unique employment challenges faced by indigenous communities. The analysis included an assessment of whether the agreement provided for fair and equitable treatment of employees, taking into account the potential impact on the indigenous workforce.

After thorough deliberation, the Fair Work Commission found that the proposed agreement was in compliance with the statutory requirements and was suitable for approval. The Commission highlighted that the agreement effectively provided a safety net for the employees, ensuring they received fair remuneration and conditions. It was noted that the agreement took into account the specific needs of the indigenous workforce, providing protections that were reflective of the unique circumstances of the employees. Consequently, the Commission approved the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation Enterprise Bargaining Agreement 2025, recognising its alignment with the principles of the Fair Work Act and its suitability for the workforce in question.

Central Australian Aboriginal Family Legal Unit Aboriginal Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established