Central Australian Aboriginal Family Legal Unit Aboriginal Corporation

[2014] FWCA 525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Australian Aboriginal Family Legal Unit Aboriginal Corporation
(AG2013/11467)

CENTRAL AUSTRALIAN ABORIGINAL FAMILY LEGAL UNIT EMPLOYEE COLLECTIVE AGREEMENT 2013 - 2017

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 21 JANUARY 2014

Application for approval of the Central Australian Aboriginal Family Legal Unit Aboriginal Employee Collective Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the

Central Australian Aboriginal Family Legal Unit Aboriginal Employee Collective Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from the Central Australian Aboriginal Family Legal Unit Aboriginal Corporation. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2014. The nominal expiry date of the Agreement is 27 January 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Central Australian Aboriginal Family Legal Unit Aboriginal Corporation applied to the Fair Work Commission for approval of the Central Australian Aboriginal Family Legal Unit Aboriginal Employee Collective Agreement 2013-2017. The employer and the union each made submissions and the union opposed the application. The union's primary objection was that the agreement did not comply with the requirements of the Fair Work Act 2009. The union argued that the agreement failed to include provisions about the payment of wages and superannuation, which are required by section 228 of the Act. The union also argued that the agreement was not a genuine agreement within the meaning of section 229 of the Act because it did not contain a clause about the employer's right to take action in relation to misconduct.

The Commission found that the union's objections were well founded and that the agreement did not comply with the Act. The Commission held that the failure to include provisions about wages and superannuation rendered the agreement invalid. The Commission also held that the absence of a clause about the employer's right to take action in relation to misconduct was fatal to the agreement. The Commission noted that the absence of these provisions meant that the agreement was not a genuine agreement within the meaning of the Act. The Commission refused to approve the agreement.

The Commission ordered that the application be dismissed and that the agreement be not approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established