Central Desert Native Title Services Limited

[2024] FWCA 3196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Desert Native Title Services Limited

(AG2024/3071)

CENTRAL DESERT GROUP ENTERPRISE AGREEMENT 2024

Indigenous organisations and services
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 SEPTEMBER 2024

Application for approval of the Central Desert Group Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Central Desert Group Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Desert Native Title Services Limited. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 April 2024 and the Agreement was made on 1 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2024. The nominal expiry date of the Agreement is 5 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Central Desert Native Title Services Limited brought an application before the Federal Circuit and Family Court of Australia for approval of the Central Desert Group Enterprise Agreement 2024. The agreement, negotiated between the applicant and the employees represented by the Australian Council of Trade Unions, sought to establish terms and conditions of employment for certain workers. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The court was tasked with determining if the agreement contained all the mandated minimum terms and conditions as required by the Fair Work Act, and if it had been genuinely negotiated. The court also needed to ensure that the agreement did not negatively impact the employees' overall conditions of employment and that it was in line with the principles of procedural fairness. Additionally, the court had to consider whether the agreement was in the best interests of the employees and if it complied with relevant industrial instruments.

The court concluded that the agreement was genuinely negotiated and included all the necessary minimum terms and conditions. The agreement was deemed to be fair and reasonable, and it did not unfavourably impact the employees' overall conditions. The court found that the negotiation process adhered to the principles of procedural fairness and that the agreement was in the best interests of the employees. Consequently, the court approved the Central Desert Group Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established