Indigenous Business Australia

[2025] FWCA 1082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigenous Business Australia

(AG2025/771)

INDIGENOUS BUSINESS AUSTRALIA ENTERPRISE AGREEMENT 2025 - 2028

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 28 MARCH 2025

Application for approval of the Indigenous Business Australia Enterprise Agreement 2025 - 2028.

An application has been made for approval of an enterprise agreement known as the Indigenous Business Australia Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Indigenous Business Australia. The Agreement is a single enterprise agreement.

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

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 of the Act, will operate from 4 April 2025. The nominal expiry date of the Agreement is 19 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Indigenous Business Australia, the applicant, and the Fair Work Commission, the respondent. The dispute centred on the application for approval of the Indigenous Business Australia Enterprise Agreement 2025-2028. The case was heard in the Fair Work Commission of Australia. The central legal issue before the court was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for minimum terms, as well as the procedural requirements for its approval.

The court considered various provisions of the Fair Work Act and relevant case law to assess the agreement's compliance. The applicant argued that the agreement was fair and reasonable, providing for appropriate terms and conditions for its employees. The court examined the fairness of the proposed terms and the process by which the agreement was negotiated and agreed upon. After careful consideration, the court found that the proposed agreement complied with the statutory requirements and was fair and reasonable. The court was satisfied that the agreement provided for appropriate minimum terms and conditions, and that the process of negotiating and agreeing upon the terms was fair and transparent.

Consequently, the court approved the Indigenous Business Australia Enterprise Agreement 2025-2028. The decision was based on the court's determination that the agreement met the legal requirements and was fair and reasonable. The court's approval of the agreement was subject to the conditions set out in the decision, which required the parties to adhere to the terms of the agreement and to comply with any further directions or orders given by the court. This decision ensures that the agreement will provide appropriate terms and conditions for the employees of Indigenous Business Australia, while also upholding the principles of fairness and transparency in the industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established