DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ngurratjuta/Pmara Ntjarra Aboriginal Corporation
(AG2019/1781)

NGURRATJUTA/PMARA NTJARRA ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 16 OCTOBER 2019

Application for approval of the Ngurratjuta/Pmara Ntjarra Aboriginal Corporation Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ngurratjuta/Pmara Ntjarra Aboriginal Corporation Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ngurratjuta/Pmara Ntjarra Aboriginal Corporation. The Agreement is a single enterprise agreement.

[2] I note that the Notice of employee representational rights (Notice) provided to the employees is an earlier version of the Notice which has since been superseded. It also contains the details of the person who has prepared the Notice. As the Notice provided to employees contains content that is not prescribed by the Fair Work Regulations 2009, it therefore contravenes s.174 (1A) of the Act. However, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[3] The Employer 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. The undertakings are taken to be a term of the agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

COMMISSIONER

Annexure A

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Ngurratjuta/Pmara Ntjarra Aboriginal Corporation sought approval of its 2019 Enterprise Agreement from the Fair Work Commission. The dispute arose from negotiations between the Corporation and its employees over terms and conditions of employment. The matter was heard by the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement was in the best interests of the employees, considering the principles of the Fair Work Act, including the need for the agreement to provide for fair and reasonable terms and conditions of employment.

The Fair Work Commission considered the evidence and submissions from both the Corporation and the employees' representatives. The Commission examined the terms of the agreement and assessed whether they complied with the statutory requirements. It also evaluated the fairness and reasonableness of the proposed terms in the context of the industry and the Corporation's specific circumstances. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Ngurratjuta/Pmara Ntjarra Aboriginal Corporation Enterprise Agreement 2019. The agreement now serves as the binding employment contract between the Corporation and its employees, governing their terms and conditions of employment. The Commission's decision confirms the validity and enforceability of the agreement under the Fair Work Act.

Ngurratjuta/Pmara Ntjarra Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established