New South Wales Aboriginal Land Council

[2021] FWCA 7198

[2021] FWCA 7198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New South Wales Aboriginal Land Council
(AG2021/8348)

NSW ABORIGINAL LAND COUNCIL ENTERPRISE AGREEMENT 2021-2025

Social, community, home care and disability services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 DECEMBER 2021

Application for approval of the NSW Aboriginal Land Council Enterprise Agreement 2021 – 2025.

[1] The New South Wales Aboriginal Land Council has applied for approval of a single enterprise agreement known as the NSW Aboriginal Land Council Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Since the application was made, the Commission inquired about the form of the application, whether the Agreement contains the mandatory terms and raised concerns about whether the Agreement passes the “better off overall” test. Further information and evidence was provided in relation to these matters.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and 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 CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 20 December 2021 and, in accordance with s.54, will operate from 27 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

DEPUTY PRESIDENT

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Annexure A