Laynhapuy Homelands Aboriginal Corporation

[2025] FWCA 54

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laynhapuy Homelands Aboriginal Corporation

(AG2024/4725)

LAYNHAPUY HOMELANDS ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER HUNT	BRISBANE, 8 JANUARY 2025

Application for approval of the Laynhapuy Homelands Aboriginal Corporation Enterprise Agreement 2024

Laynhapuy Homelands Aboriginal Corporation (the Employer) has applied for approval of an enterprise agreement known as the Laynhapuy Homelands Aboriginal Corporation Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 November 2024 and the Agreement was made on 21 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Nursing and Midwifery Federation (ANMF), the United Workers’ Union (UWU), and other bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The ANMF and the UWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF and the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2025. The nominal expiry date of the Agreement is 8 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The Laynhapuy Homelands Aboriginal Corporation sought approval of their Enterprise Agreement 2024 in the Fair Work Commission. The application arose from negotiations between the corporation and its employees, aiming to formalise employment terms and conditions. The agreement, if approved, would establish a new framework for the corporation’s operations, focusing on enhancing productivity and ensuring fair treatment of employees.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing if the agreement provided for fair and reasonable terms and conditions, if it allowed for genuine bargaining, and if it complied with the procedural prerequisites for approval. The Commission also had to consider the interests of the employees and whether the agreement would ensure their protection in the workplace.

In deliberating on the matter, the Commission examined the contents of the proposed agreement, the process of its negotiation, and the submissions made by both the corporation and the employees. The Commission found that the agreement adequately addressed the needs of both parties and contained provisions that were fair and reasonable. It noted that the negotiation process had been transparent and that the agreement reflected the genuine intent of the parties involved. Therefore, the Commission approved the Enterprise Agreement, affirming that it met all necessary statutory criteria and would serve the best interests of the employees and the corporation.

The Fair Work Commission approved the Laynhapuy Homelands Aboriginal Corporation Enterprise Agreement 2024, effective from the date of the decision. This approval formalised the employment terms and conditions, ensuring compliance with the Fair Work Act 2009, and was a result of a process that upheld the principles of fair and genuine bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established