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

Printed by authority of the Commonwealth Government Printer

The matter before the court involved the Indigenous Land Corporation, which sought approval of the Indigenous Land Corporation Enterprise Agreement. The applicant argued that the agreement was necessary for the proper functioning of the corporation, while opponents raised concerns about its provisions. The case was heard in the Federal Court of Australia.

The court was tasked with determining whether the proposed agreement was consistent with the relevant legislation and if it appropriately balanced the interests of the corporation and its employees. Key issues included the fairness and reasonableness of the agreement's terms, as well as its compliance with the applicable industrial relations framework.

The court examined the provisions of the proposed agreement and considered the submissions from both parties. It found that the agreement contained terms that were fair and reasonable, and that it complied with the legislative requirements. The court was satisfied that the agreement would serve the best interests of the corporation and its employees, and thus approved the agreement. The court's decision ensured that the Indigenous Land Corporation could continue its work with a stable and effective enterprise agreement in place.

Indigenous Land Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established