DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dhimurru Aboriginal Corporation
(AG2016/7182)

DHIMURRU ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Dhimurru Aboriginal Corporation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dhimurru Aboriginal Corporation Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dhimurru Aboriginal Corporation. 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] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 25 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Dhimurru Aboriginal Corporation, the Fair Work Commission was tasked with considering an application for the approval of the Dhimurru Aboriginal Corporation Enterprise Agreement 2016. The dispute arose between the Dhimurru Aboriginal Corporation, the employer, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 for fair and reasonable terms and conditions of employment. This included assessing whether the agreement provided for fair and reasonable rates of pay, conditions of work, and other entitlements.

The Commission examined the proposed terms and conditions, the bargaining process, and the fairness of the agreement in light of the Fair Work Act's objectives. Key aspects considered included the extent to which the agreement covered minimum entitlements, provided for procedural fairness, and balanced the interests of both parties. The Commission also considered submissions from both the employer and the union, as well as broader industry benchmarks and standards.

The Fair Work Commission concluded that the Dhimurru Aboriginal Corporation Enterprise Agreement 2016 did indeed meet the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances and needs of the parties involved. The agreement was deemed to adequately cover minimum entitlements, procedural fairness, and a balanced approach to the interests of both the employer and employees. As such, the Commission approved the agreement, ensuring that it would provide a fair and reasonable framework for the employment relationship moving forward.

Dhimurru Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established