Central Land Council

[2025] FWCA 1277

[2025] FWCA 1277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Land Council

(AG2025/694)

CENTRAL LAND COUNCIL ENTERPRISE AGREEMENT 2025 – 2027

Northern Territory
COMMISSIONER HUNT	BRISBANE, 16 APRIL 2025

Application for approval of the Central Land Council Enterprise Agreement 2025 – 2027

1. Central Land Council (the Employer) has applied for approval of an enterprise agreement known as the Central Land Council Enterprise Agreement 2025 – 2027 (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.

1. 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 2 October 2024 and the Agreement was made on 28 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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 Community and Public Sector Union (CPSU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The CPSU advised that upon consulting with the Employer and clarifying its understanding of the operation of the undertakings, it was satisfied with the undertakings.

1. 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.

1. 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.

1. The CPSU, 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 CPSU.

1. The Agreement is approved and, in accordance with s.54(1)(b) of the Act and by virtue of clause 2.1 of the Agreement, will operate from 30 April 2025. The nominal expiry date of the Agreement is 13 December 2027.

COMMISSIONER

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Annexure A – Undertakings