First Nations Legal And Research Services Ltd Summary

[2022] FWCA 354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

First Nations Legal And Research Services Ltd

(AG2021/9256)

First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2021- 2024

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2022

Application for approval of the First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner CorporationsEnterprise Agreement 2021- 2024

An application has been made for approval of an enterprise agreement known as the First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2021- 2024 (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 and Federation of Victorian Traditional Owner Corporations Ltd (the Employers). The Agreement is a multi-enterprise agreement.

The Employers have provided written undertakings. A copy of both of the Employers’ undertakings are attached in Annexure A and Annexure B respectively. 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. The undertakings are taken to be a term of the agreement.

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.

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 of the Act, will operate from 11 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In the Fair Work Commission, First Nations Legal and Research Services Ltd applied for the approval of the First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2021-2024. The parties involved in the dispute are First Nations Legal and Research Services Ltd, an organisation that provides legal services to Aboriginal and Torres Strait Islander peoples, and the Federation of Victorian Traditional Owner Corporations, a representative body for traditional owner corporations in Victoria. The agreement in question sets out the terms and conditions of employment for employees of First Nations Legal and Research Services Ltd who are members of the Federation of Victorian Traditional Owner Corporations.

The legal issues that the Commission was required to decide included whether the agreement provided for the lawful, fair and reasonable terms and conditions of employment, and whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission also needed to consider whether the agreement provided for the proper protection of employees' rights and interests, and whether it was consistent with the principles of the Fair Work Act. Additionally, the Commission had to determine whether the agreement provided for the proper protection of employees' rights and interests, and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement provided for the lawful, fair and reasonable terms and conditions of employment, and complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for the proper protection of employees' rights and interests, and was consistent with the principles of the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act. The modifications included changes to the provisions relating to redundancy and termination of employment, to ensure that they were consistent with the provisions of the Fair Work Act.

The final orders of the Commission were that the First Nations Legal and Research Services Ltd and Federation of Victorian Traditional Owner Corporations Enterprise Agreement 2021-2024 be approved, subject to the modifications set out in the decision. The parties were directed to take all necessary steps to give effect to the approved agreement, including providing copies of the agreement to all affected employees and taking steps to ensure that the agreement was properly implemented. The Commission also directed that the agreement be registered with the Fair Work Commission.

First Nations Legal And Research Services Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established