DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingkerreke Outstations Resources Services Aboriginal Corporation ICN 347 T/A Ingkerrele Outstations Resource Services
(AG2017/1107)

INGKERREKE OUTSTATIONS RESOURCE SERVICES COLLECTIVE AGREEMENT 2016 - 2020

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 3 JULY 2017

Application for approval of the Ingkerreke Outstations Resource Services Collective Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ingkerreke Outstations Resource Services Collective Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingkerreke Outstations Resources Services Aboriginal Corporation ICN 347 T/A Ingkerrele Outstations Resource Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Ingkerreke Outstations Resources Services Aboriginal Corporation, trading as Ingkerrele Outstations Resource Services, which applied for the approval of the Ingkerreke Outstations Resource Services Collective Agreement 2016-2020. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The nature of the dispute was the formal approval of a collective agreement covering employees within the organisation.

The legal issues the court was required to decide included whether the collective agreement complied with the relevant sections of the Fair Work Act and whether it was made in good faith and without coercion. The court had to ensure that the agreement provided for fair terms and conditions of employment, including pay rates, leave entitlements, and other employment-related matters. Additionally, the court needed to consider if the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the FWC considered the submissions from both parties, the provisions of the Fair Work Act, and relevant case law. The court determined that the agreement was made in good faith and without coercion and that it provided for fair terms and conditions of employment. The FWC noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The FWC approved the collective agreement, finding that it met the statutory requirements and balanced the interests of both the employer and employees.

The final orders of the court were that the Ingkerreke Outstations Resource Services Collective Agreement 2016-2020 was approved and would be registered under the Fair Work Act. The agreement would then be binding on the parties and their employees for the specified period.

Ingkerreke Outstations Resources Services Aboriginal Corporation ICN 347 T/A Ingkerrele Outstations Resource Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established