| [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
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.
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.
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.
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.
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
Printed by authority of the Commonwealth Government Printer
<AE525003 PR775939>
- AGLC
- First Nations Legal And Research Services Ltd T/A First Nations Legal And Research Services Ltd [2024] FWCA 2168
- Case
- [2024] FWCA 2168
- Decision Date
CaseChat Overview and Summary
The court was required to decide if the Enterprise Agreement complied with the legislative requirements, including whether it was fairly and genuinely negotiated and covered all necessary terms and conditions. The court also needed to determine if the agreement facilitated a cooperative workplace and met the criteria for good faith bargaining.
In its reasoning, the Fair Work Commission found that the agreement was fairly and genuinely negotiated, as it was the product of meaningful discussions between the employer and employees. The court noted that the agreement covered all necessary terms and conditions of employment and facilitated a cooperative workplace. The Commission was satisfied that the agreement met the criteria for good faith bargaining and was in the best interest of the employees. Therefore, the application for approval of the Enterprise Agreement was granted.
The Fair Work Commission approved the First Nations Legal and Research Services Ltd Enterprise Agreement 2024-2027, finding it to be fairly and genuinely negotiated, comprehensive, and in the best interest of the employees. The agreement was approved and is now in effect for the specified period.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.