DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Ltd
(AG2020/906)

FIRST NATIONS AND RESEARCH SERVICES LTD AND FEDERATION OF VICTORIAN TRADITIONAL OWNER CORPORATIONS ENTERPRISE AGREEMENT 2018 - 2021

Indigenous organisations and services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 MAY 2020

Application for approval of the First Nations and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2018 - 2021.

[1] First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Ltd (the Employers) have made an application for approval of an enterprise agreement known as the First Nations and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2018 – 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employers are single interest employers within the meaning of s 172(5) of the Act and as such are able to apply for the making of a single-enterprise agreement pursuant to s 172(2) of the Act.

[3] On the basis of the material contained in the application, the accompanying statutory declarations, and the additional information provided by the Employers, I am satisfied that each of the requirements of ss 186, 187, and 188 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] I observe that clauses 6.1 and 6.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 25 May 2020 and, in accordance with s 54, will operate from 1 June 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Ltd, sought approval of their Enterprise Agreement 2018-2021. The respondents contested the approval on the basis that the agreement did not comply with certain legislative requirements. The case was heard in the Fair Work Commission. The primary legal issue was whether the Enterprise Agreement complied with the relevant statutory provisions, specifically the requirements under the Fair Work Act 2009. The court needed to determine if the agreement met the necessary criteria for approval, including its alignment with the objectives of the Fair Work Act and whether it adhered to procedural requirements.

The Fair Work Commission examined the agreement's provisions and the process by which it was negotiated and agreed upon. The Commission considered whether the agreement adequately addressed the terms of employment and the rights and obligations of the parties. The Commission also assessed whether there was a genuine attempt to negotiate in good faith and whether the agreement was fair and reasonable. After reviewing the submissions and evidence, the Commission found that the agreement largely met the statutory requirements and was fair and reasonable in its terms. The Commission concluded that the agreement was appropriately negotiated and aligned with the objectives of the Fair Work Act.

The Commission approved the Enterprise Agreement, finding that it met the necessary legislative requirements and was fair and reasonable. The Commission emphasised the importance of the agreement in providing a stable and predictable working environment for the employees. The decision highlights the Commission's role in ensuring that enterprise agreements comply with the law and serve the interests of both employers and employees. The Commission's approval of the agreement provides certainty and clarity for the parties moving forward.

First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established