DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Indigenous Australians Agency
(AG2021/6017)

NATIONAL INDIGENOUS AUSTRALIANS AGENCY ENTERPRISE AGREEMENT 2021-2024

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 16 JULY 2021

Application for approval of the National Indigenous Australians Agency Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the National Indigenous Australians Agency Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Indigenous Australians Agency. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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

[4] CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notices 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Indigenous Australians Agency, sought approval for its Enterprise Agreement 2021-2024 from the Fair Work Commission. The agreement was negotiated with the Australian Public Service Enterprise Union and concerns the terms and conditions of employment for its staff. The Commission was tasked with determining whether the agreement was in the interests of the employees and the agency, in accordance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement met the statutory requirements and whether it provided fair and reasonable terms for the employees. Key points of contention included the classification of positions, remuneration, and the provisions for employee development and training. The Commission needed to determine if the agreement provided adequate safeguards and benefits to the employees while also meeting the operational needs of the agency.

The Fair Work Commission found that the National Indigenous Australians Agency Enterprise Agreement 2021-2024 was fair and reasonable in all its aspects. The Commission acknowledged the agreement's focus on recognising the unique cultural context and the importance of the agency's work. It was determined that the agreement provided appropriate terms and conditions that balanced the needs of the employees with the operational requirements of the agency. The Commission approved the agreement, recognising it as meeting the statutory criteria for fairness and reasonableness.

The final orders of the Fair Work Commission were that the National Indigenous Australians Agency Enterprise Agreement 2021-2024 be approved as a registered agreement under the Fair Work Act 2009, effective from 1 July 2021. The agreement was to be in force for a period of four years until 30 June 2025, unless earlier terminated in accordance with the Act. The decision was made on 27 May 2021, providing clarity and certainty for both the agency and its employees regarding the terms of their employment.

National Indigenous Australians Agency

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established