Indigenous Land and Sea Corporation Summary

[2025] FWCA 3039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigenous Land and Sea Corporation

(AG2025/2797)

INDIGENOUS LAND AND SEA CORPORATION ENTERPRISE AGREEMENT 2025 – 24 MAY 2028

Commonwealth employment
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the Indigenous Land and Sea Corporation Enterprise Agreement 2025 – 24 May 2028

Introduction

The Indigenous Land and Sea Corporation (the Employer) has made an application for approval of a single-enterprise agreement known as the Indigenous Land and Sea Corporation Enterprise Agreement 2025 – 24 May 2028 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Section 186, 187 and 188

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.

Section 183 Bargaining Representatives

The Community and Public Sector Union (CPSU), 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 the Agreement covers the Community and Public Sector Union.

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Indigenous Land and Sea Corporation, the Fair Work Commission, and the Australian Council of Trade Unions. The nature of the dispute was the approval of the Indigenous Land and Sea Corporation Enterprise Agreement 24 May 2025 – 2028. The court involved was the Fair Work Commission.

The legal issues that the court was required to decide were whether the agreement complied with the Fair Work Act 2009 and whether it was appropriate to approve the agreement. The court had to consider the agreement's provisions, including the terms and conditions of employment, the bargaining process, and the parties' compliance with the relevant laws and regulations.

The court's reasoning and outcome were based on a thorough analysis of the agreement's provisions and the parties' submissions. The court found that the agreement complied with the Fair Work Act 2009 and that it was appropriate to approve the agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it reflected the parties' bargaining positions. The court also noted that the agreement was the result of a genuine and good-faith bargaining process.

The final orders of the court were to approve the Indigenous Land and Sea Corporation Enterprise Agreement 24 May 2025 – 2028, subject to the terms and conditions set out in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission.

Indigenous Land and Sea Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established