Indigenous Civil Services Pty Ltd Summary

[2022] FWCA 2706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigenous Civil Services Pty Ltd

(AG2022/2398)

Indigenous Civil Services PTY LTD Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 AUGUST 2022

Application for approval of the Indigenous Civil Services PTY LTD Agreement 2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Indigenous Civil Services Pty Ltd for approval of a single enterprise agreement known as the Indigenous Civil Services PTY LTD Agreement 2022 (the Agreement).

The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The applicant, Indigenous Civil Services Pty Ltd, sought approval from the Fair Work Commission for the Indigenous Civil Services PTY LTD Agreement 2022, which aimed to establish a new enterprise agreement for its employees. The application was contested by the Australian Services Union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009 and would negatively impact the employees' rights and entitlements. The case was heard by the Fair Work Commission, presided over by Commissioner Smith.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it complied with the relevant provisions of the Fair Work Act. The Commission needed to determine if the agreement met the "better-off, worse-off" test, which required the employees to be no worse off and, ideally, better off financially under the new agreement. Additionally, the Commission had to consider whether the agreement was procedurally fair and met the requirements for being a "single, direct, and effective" enterprise agreement.

After reviewing the evidence and submissions from both parties, the Commission found that the Indigenous Civil Services PTY LTD Agreement 2022 met the statutory requirements for approval. The agreement provided for a fair and reasonable set of terms and conditions, and the employees would be no worse off and, in some cases, better off financially. The Commission also found that the agreement was procedurally fair and met the requirements for being a single, direct, and effective enterprise agreement. As such, the Commission approved the agreement, and the application was successful.

In light of the Commission's decision, it approved the Indigenous Civil Services PTY LTD Agreement 2022. The agreement will now apply to the employees of Indigenous Civil Services Pty Ltd, and the Australian Services Union's objections were dismissed. The Fair Work Commission's decision confirms the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees while complying with the statutory requirements of the Fair Work Act.

Indigenous Civil Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established