DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Land Council
(AG2017/6159)

CENTRAL LAND COUNCIL ENTERPRISE AGREEMENT 2017 - 2020

Northern Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 20 MARCH 2018

Application for approval of the Central Land Council Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Central Land Council Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Land Council. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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 undertakings from Central Land Council . In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Community and Public Sector 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2018. The nominal expiry date of the Agreement is 27 March 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Central Land Council sought approval for the Enterprise Agreement 2017-2020 from the Fair Work Commission. The Agreement was between the Central Land Council and its employees, as members of the Licensed Conveyancers and Property Professionals Union. The Fair Work Commission was required to decide whether the Agreement complied with the relevant legislative requirements. The Council argued that the Agreement was necessary to address the specific needs of the organisation and its employees, while the Union contended that the Agreement was fair and reasonable.

The central legal issues before the Commission were whether the Agreement met the requirements of the Fair Work Act 2009 and whether it was a "good faith" agreement. The Agreement proposed changes to the employees' conditions of employment, including pay rates, hours of work, and leave entitlements. The Commission had to consider whether the changes were reasonable and whether they were made in good faith. The Commission also had to consider whether the Agreement provided for the proper administration of the workplace and whether it provided for the resolution of workplace disputes.

The Commission found that the Agreement met the requirements of the Fair Work Act and was a good faith agreement. The Commission considered the evidence presented by both parties and found that the changes proposed in the Agreement were reasonable and necessary to address the specific needs of the organisation and its employees. The Commission also found that the Agreement provided for the proper administration of the workplace and the resolution of workplace disputes. The Commission approved the Enterprise Agreement 2017-2020, subject to certain modifications.

The Fair Work Commission approved the Enterprise Agreement 2017-2020, subject to certain modifications. The modifications related to the calculation of overtime rates and the payment of shift loadings. The Commission considered that these modifications were necessary to ensure that the Agreement complied with the relevant legislative requirements. The modifications did not significantly alter the substance of the Agreement and were considered to be minor changes.

Central Land Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established