DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New South Wales Aboriginal Land Council
(AG2017/691)

NSW ABORIGINAL LAND COUNCIL ENTERPRISE AGREEMENT 2016-2020

Social, community, home care and disability services
COMMISSIONER ROE	MELBOURNE, 25 MAY 2017

Application for approval of the NSW Aboriginal Land Council Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW Aboriginal Land Council Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New South Wales Aboriginal Land Council. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice 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.

[6] The Agreement was approved on 25 May 2017 and, in accordance with s.54, will operate from 1 June 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The New South Wales Aboriginal Land Council applied to the Fair Work Commission for approval of the NSW Aboriginal Land Council Enterprise Agreement 2016-2020. The application was made under section 231 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement makes proper provision for the protection of employees’ wages, conditions and other entitlements. The application was opposed by the NSW Government, represented by the Department of Premier and Cabinet.

The Commission was required to determine whether the enterprise agreement provided proper protection of employees' wages, conditions and other entitlements. The Commission considered the application in the context of the objects of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations. The Commission noted that the agreement contained provisions for wages, leave, dispute resolution and other matters. The Commission also considered submissions from the parties and relevant legislative and regulatory provisions.

After considering the evidence and submissions, the Commission found that the enterprise agreement provided proper protection of employees' wages, conditions and other entitlements. The Commission noted that the agreement contained provisions that were consistent with the objects of the Fair Work Act and that it provided for appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement was consistent with relevant legislative and regulatory provisions. The Commission approved the enterprise agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the NSW Aboriginal Land Council Enterprise Agreement 2016-2020 under section 231 of the Fair Work Act 2009. The Commission found that the agreement provided proper protection of employees' wages, conditions and other entitlements and was consistent with the objects of the Act and relevant legislative and regulatory provisions. The agreement is now approved and binding on the parties.

New South Wales Aboriginal Land Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established