DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IR Squared
(AG2018/1976)

JIRNTANGKU MIYRTA ENTERPRISE AGREEMENT 2018 - 2021

Northern Territory
COMMISSIONER MCKINNON	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Jirntangku Miyrta Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Jirntangku Miyrta Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IR Squared. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between IR Squared and the Jirntangku Miyrta Aboriginal Corporation, the latter being a registered Aboriginal corporation. The dispute centred on the approval of the Jirntangku Miyrta Enterprise Agreement 2018 - 2021. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and if it contained the necessary provisions to be approved.

The central legal issues the Commission had to address were whether the agreement met the criteria set out in the Fair Work Act, particularly whether it contained minimum terms and conditions as mandated by the Act. Additionally, the Commission needed to ensure that the agreement had been made in accordance with the procedural requirements of the Act, including whether it had been genuinely negotiated between the parties.

The Commission examined the agreement clause by clause, considering whether it contained the minimum terms and conditions as required by the Fair Work Act. It found that while the agreement contained the necessary minimum terms and conditions, certain clauses were not in compliance with the Act. The Commission also considered the process through which the agreement was negotiated and concluded that the agreement was genuinely negotiated between the parties. Consequently, the Commission made orders to amend the agreement to bring it into compliance with the Act and approved the agreement on those terms.

IR Squared

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established