Michael Brendan Rotumah T/A Larrakia Nation Aboriginal Corporation Summary

[2025] FWCA 374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Michael Brendan Rotumah T/A Larrakia Nation Aboriginal Corporation

(AG2024/4551)

LARRAKIA NATION ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2024

Indigenous organisations and services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 JANUARY 2025

Application for approval of the Larrakia Nation Aboriginal Corporation Enterprise Agreement 2024

An application has been made by Michael Brendan Rotumah T/A Larrakia Nation Aboriginal Corporation (Applicant) for approval of an enterprise agreement known as the Larrakia Nation Aboriginal Corporation Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).  Concerns were raised that some of the terms of the Agreement may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.

Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.  Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The United Workers Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.

The Agreement was approved on 30 January 2025 and will operate from 6 February 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Michael Brendan Rotumah, trading as the Larrakia Nation Aboriginal Corporation (LNAC), and the Fair Work Commission. The matter concerned the approval of the LNAC Enterprise Agreement 2024, which was being sought by LNAC. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently addressed the obligations and rights of the parties involved and whether it complied with the Fair Work Act.

The central legal issue before the court was whether the Enterprise Agreement complied with the statutory requirements and if it was fair and reasonable for the employees and employers. Specifically, the court needed to assess whether the agreement adequately covered the terms and conditions of employment, including wages, hours of work, leave entitlements, and other provisions. Additionally, the court examined if the agreement was made in good faith and if it complied with the procedural requirements, such as the provision of necessary documents and the opportunity for employees to be represented.

The Fair Work Commission found that the LNAC Enterprise Agreement 2024 met the statutory requirements and was fair and reasonable. The court noted that the agreement provided for a clear and comprehensive set of terms and conditions that covered all aspects of employment. It was also determined that the agreement was made in good faith and that all procedural requirements were met. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act.

The final orders of the Commission were that the LNAC Enterprise Agreement 2024 be approved and registered with the Fair Work Commission. This decision was made on the basis that the agreement was fair and reasonable, met all statutory requirements, and was made in good faith. The approval of the agreement allowed it to be binding on the parties involved, providing a clear framework for the terms and conditions of employment within LNAC.

Michael Brendan Rotumah T/A Larrakia Nation Aboriginal Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established