DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IR 2000
(AG2017/2173)

SOUTH AUSTRALIAN NATIVE TITLE SERVICES ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER SAUNDERS	MELBOURNE, 12 JULY 2017

Application for approval of the South Australian Native Title Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the South Australian Native Title Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IR 2000. 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] 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union 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 that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, IR 2000 was the applicant, seeking approval of the South Australian Native Title Services Enterprise Agreement 2017. The agreement was aimed at regulating the employment conditions of employees within the South Australian Native Title Services. The dispute arose from disagreements between the employer and the employees, represented by the Australian Workers' Union, regarding the terms and conditions of the proposed agreement.

The primary legal issues before the Commission involved determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided fair and reasonable terms for the employees, including wages, conditions, and dispute resolution mechanisms. Additionally, the Commission needed to ensure that the agreement did not discriminate against any group of employees and was made in good faith.

The Fair Work Commission, after carefully reviewing the submissions and evidence from both parties, found that the proposed agreement did not meet the requirements for approval. The Commission identified several issues, including that the agreement did not adequately address certain terms and conditions, and it contained provisions that could potentially lead to discrimination against certain groups of employees. The Commission also noted that the agreement was not made in good faith as required by the Act. Consequently, the application for approval of the agreement was dismissed.

As a result of the decision, the Fair Work Commission did not approve the South Australian Native Title Services Enterprise Agreement 2017. The employees and the employer were directed to continue their negotiations to reach an agreement that met all legal requirements and adequately covered the terms and conditions of employment.

IR 2000

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established