DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Native Title Services Victoria Ltd
(AG2015/3942)

NATIVE TITLE SERVICES VICTORIA LTD ENTERPRISE AGREEMENT 2015 - 2018

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 24 JULY 2015

Application for approval of the Native Title Services Victoria Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Native Title Services Victoria Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Native Title Services Victoria Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to Schedule 1 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Community and Public Sector Union (CPSU) being a bargaining representative 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 24 July 2015 and, in accordance with s.54 of the Act, will operate from 31 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Native Title Services Victoria Ltd (NTSV) applied to the Fair Work Commission for approval of the Native Title Services Victoria Ltd Enterprise Agreement 2015-2018. NTSV is a body corporate established to provide services to native title holders and native title claimants. The dispute involved the approval of the agreement between NTSV and its employees, who were represented by the National Tertiary Education Union. The Fair Work Commission heard the matter and was required to decide whether the agreement was in the best interests of the employees.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement complied with the 'better off overall test', which requires that employees be no worse off and at least some employees be better off financially under the agreement compared to the applicable award or safety net. Additionally, the Commission had to consider whether the agreement provided for procedural fairness and good faith bargaining.

In assessing the agreement, the Commission found that it met the 'better off overall test' as it provided for wage increases and improved working conditions. The Commission was satisfied that the agreement was negotiated in good faith and provided for procedural fairness. The Commission also considered the nature of the work and the unique circumstances of the employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Native Title Services Victoria Ltd Enterprise Agreement 2015-2018, determining that it was in the best interests of the employees. The approval was contingent upon the agreement being implemented and complied with by both parties. The Commission's decision was based on its finding that the agreement met the statutory requirements under the Fair Work Act 2009, including the 'better off overall test', procedural fairness, and good faith bargaining.

Native Title Services Victoria Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established