Indigenous Land Corporation

[2019] FWCA 2350

[2019] FWCA 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indigenous Land Corporation
(AG2018/7176)

INDIGENOUS LAND CORPORATION ENTERPRISE AGREEMENT

Commonwealth employment
COMMISSIONER PLATT	ADELAIDE, 8 APRIL 2019

Application for approval of the Indigenous Land Corporation Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Indigenous Land Corporation Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Indigenous Land Corporation. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 March 2019.

[3] On 2 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 2 April 2019. The undertaking deals with the following topics:

•  Despite clause 43 of the Agreement, employees will be entitled to 4 weeks annual leave per year, accrued progressively.

•  Despite clause 33 of the Agreement, part-time employees will be entitled to a minimum engagement of 3 hours (or agreed alternative period).

•  Despite clause 34.1 of the Agreement, employees who are directed to work hours in excess of their weekly hours will be paid for those hours at overtime rates.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 22 May 2022.

COMMISSIONER

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