Ingkerreke Services Aboriginal Corporation
[2024] FWCA 498
•5 FEBRUARY 2024
| [2024] FWCA 498 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ingkerreke Services Aboriginal Corporation
(AG2023/5502)
INGKERREKE SERVICES ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2023
| Indigenous organisations and services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 5 FEBRUARY 2024 |
Application for approval of the Ingkerreke Services Aboriginal Corporation Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Ingkerreke Services Aboriginal Corporation Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingkerreke Services Aboriginal Corporation. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 22 May 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 14 December 2023 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that clause 38 may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2024. The nominal expiry date of the Agreement is 4 February 2028.
DEPUTY PRESIDENT
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Annexure A
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