DECISION

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

Incompro Aboriginal Association Inc
(AG2015/6584)

INCOMPRO ABORIGINAL ASSOCIATION ENTERPRISE AGREEMENT 2015-2017

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 2 DECEMBER 2015

Application for approval of the Incompro Aboriginal Association Enterprise Agreement 2015-2017

[1] An application has been made for approval of an enterprise agreement known as the Incompro Aboriginal Association Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Incompro Aboriginal Association Inc. 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] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Incompro Aboriginal Association Inc, sought approval of the Incompro Aboriginal Association Enterprise Agreement 2015-2017 in the Fair Work Commission. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of the applicant.

The legal issue for the Fair Work Commission to determine was whether the agreement met the requirements of the Fair Work Act, particularly section 230, which outlines the criteria for an enterprise agreement. The Commission had to consider if the agreement was in the public interest, provided for a fair and efficient workplace, and complied with the procedural requirements. The applicant needed to demonstrate that the agreement had been fairly negotiated and that it met the standards set out in the legislation.

In assessing the agreement, the Fair Work Commission examined the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and that it met the legislative criteria. The agreement provided for fair terms and conditions of employment, and it was in the public interest. The procedural requirements had been met, and the agreement was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the Incompro Aboriginal Association Enterprise Agreement 2015-2017, finding that it complied with the requirements of the Fair Work Act. The agreement was registered, and it became legally binding from the date of registration. The decision ensured that employees of the applicant would have their terms and conditions of employment governed by the approved agreement.

Incompro Aboriginal Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established