DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Larrakia Nation
(AG2018/3850)

LARRAKIA NATION ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 APRIL 2019

Application for approval of the Larrakia Nation Aboriginal Corporation Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Larrakia Nation Aboriginal Corporation Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Larrakia Nation. 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 United Voice 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 14 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by the Larrakia Nation Aboriginal Corporation to have its Enterprise Agreement 2018 approved. This agreement was a result of negotiations between the Corporation and its employees, represented by the National Union of Workers. The application was heard in the Fair Work Commission, with the Honourable Member Helen Richards presiding.

The legal issues that the court had to decide involved whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was a "good faith" agreement and whether it complied with the "better off overall test". The Corporation argued that the agreement was a product of genuine negotiations and that it provided for employees to be no worse off and, in some cases, better off overall. The union also supported the application, asserting that the agreement was fair and reasonable.

The court found that the agreement had been made in good faith and that it met the statutory requirements. The agreement provided for a range of terms and conditions, including wages, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement was not prejudicial to employees and that it was likely to promote harmonious, productive, and cooperative workplace relations. The court also found that the agreement complied with the better off overall test, as it provided for employees to be no worse off and, in some cases, better off overall.

The court approved the Enterprise Agreement 2018, and the agreement became legally binding on the parties from the date of the order. The decision was significant as it provided a framework for future negotiations between the Corporation and its employees and ensured that the employees were fairly represented in the agreement-making process.

Larrakia Nation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established