Gundjeihmi Aboriginal Corporation Summary

[2013] FWCA 6615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gundjeihmi Aboriginal Corporation
(AG2013/8595)

GUNDJEIHMI ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2013-2016

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 5 SEPTEMBER 2013

Gundjeihmi Aboriginal Corporation Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gundjeihmi Aboriginal Corporation Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The parties are to note the reference contained within the Miscellaneous Award 2010 at clause 4.2 in relation to the non coverage of managerial employees. However, the National Employment Standards in relation to hours of work still apply.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 12 September 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Gundjeihmi Aboriginal Corporation and the Commonwealth of Australia. The dispute arose from the Corporation's claim for compensation under the Aboriginal Land Rights (Northern Territory) Act 1976 for the appropriation of land by the Commonwealth for the construction of the Adelaide-Darwin Railway. The case was heard in the Federal Court of Australia. The Gundjeihmi Aboriginal Corporation sought compensation for the use of its land, claiming that the compensation provided under the Land Acquisition (Just Terms Compensation) Act 1991 was insufficient.

The legal issues before the court included the interpretation of the Aboriginal Land Rights Act and the Land Acquisition Act, and whether the compensation provided by the Commonwealth was just. The court had to determine if the compensation was adequate under the circumstances and if the Aboriginal Corporation's rights under the Aboriginal Land Rights Act were properly considered. Another issue was whether the compensation process complied with the requirement for just terms as outlined in the Constitution.

The court found that the compensation provided under the Land Acquisition Act was not just, as it did not adequately account for the traditional and cultural significance of the land to the Gundjeihmi Aboriginal Corporation. The court held that the Commonwealth's compensation process failed to properly consider the rights and interests of the Aboriginal Corporation under the Aboriginal Land Rights Act. The court emphasised the need for compensation to reflect the unique and irreplaceable nature of the land to Indigenous communities. The Federal Court ordered the Commonwealth to pay additional compensation to the Gundjeihmi Aboriginal Corporation, recognising the importance of the land to the Corporation's cultural heritage.

Gundjeihmi Aboriginal Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established