DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Desert Native Title Services Limited
(AG2017/4853)

CENTRAL DESERT GROUP ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MAY 2018

Application for approval of the Central Desert Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Central Desert Group Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2018. The nominal expiry date of the Agreement is 28 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Central Desert Group Enterprise Agreement 2017, which was lodged by Central Desert Native Title Services Limited. This agreement was intended to cover employees of the company who are represented by the Australian Workers' Union. The dispute centred on the provisions of the agreement and whether they complied with the relevant legislative requirements under the Fair Work Act 2009.

The central legal issue before the Commission was to determine if the agreement met the statutory prerequisites for approval, including whether it provided for the employees' wages and conditions, and whether it was made in good faith and without coercion. The Commission had to examine the fairness and reasonableness of the agreement's terms and consider whether the process followed in its creation adhered to the standards of procedural fairness. Additionally, the Commission assessed whether the agreement contained all the mandatory terms and conditions that it was required to include under the Act.

After careful consideration of the evidence and submissions, the Commission found that the agreement was fair and reasonable and met all statutory requirements for approval. The Commission was satisfied that the agreement provided for the wages and conditions of the employees and was made in good faith without any element of coercion. The process of developing the agreement was deemed to have been fair and transparent, ensuring that the employees had an opportunity to be involved in the negotiation process. Furthermore, the Commission determined that the agreement contained all the mandatory terms and conditions required by the legislation.

Accordingly, the Fair Work Commission approved the Central Desert Group Enterprise Agreement 2017. The decision was made on the basis that the agreement was fair and reasonable, was made in good faith, and complied with all the statutory requirements for approval under the Fair Work Act 2009.

Central Desert Native Title Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established