First Nations Legal And Research Services Ltd T/A First Nations Legal And Research Services Ltd

Case

[2024] FWCA 2168

13 JUNE 2024


[2024] FWCA 2168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

First Nations Legal And Research Services Ltd T/A First Nations Legal And Research Services Ltd

(AG2024/1674)

FIRST NATIONS LEGAL AND RESEARCH SERVICES LTD ENTERPRISE AGREEMENT 2024-2027

Social, community, home care and disability services

COMMISSIONER YILMAZ

MELBOURNE, 13 JUNE 2024

Application for approval of the First Nations Legal and Research Services Ltd Enterprise Agreement 2024-2027

  1. An application has been made for approval of an enterprise agreement known as the First Nations Legal and Research Services Ltd Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by First Nations Legal And Research Services Ltd T/A First Nations Legal And Research Services Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met.

  1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this is a minor technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.  

  1. The 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and in accordance with s.54, will operate from 1 July 2024. This operative date will follow the nominal expiry date of 30 June 2024 which applies to the current agreement. This agreement replaces AG2021/9256 - the First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2021- 2024. The nominal expiry date of this Agreement is 30 June 2027.

COMMISSIONER

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