DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Australian Aboriginal Justice Agency
(AG2020/740)

NORTH AUSTRALIAN ABORIGINAL JUSTICE AGENCY ENTERPRISE AGREEMENT 2020-2024

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 MAY 2020

Application for approval of the North Australian Aboriginal Justice Agency Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the North Australian Aboriginal Justice Agency Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by North Australian Aboriginal Justice Agency (Employer). The Agreement is a single-enterprise agreement.

[2] 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.

[3] Subject to 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at clause 11. On 23 April 2020, the Employer filed an amended version of the Agreement correcting the cross-referencing error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2020. The nominal expiry date of the Agreement is 14 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The North Australian Aboriginal Justice Agency (the agency) applied for the Fair Work Commission's approval of the North Australian Aboriginal Justice Agency Enterprise Agreement 2020-2024 (the agreement). The union representing the agency's employees objected to the approval of the agreement on the basis that it did not provide for adequate minimum rates of pay, leave entitlements, and penalty rates. The union submitted that the agreement should be terminated and replaced with an agreement that complied with the Fair Work Act 2009. The agency submitted that the agreement was fair and reasonable and complied with the requirements of the Fair Work Act.

The commission noted that it was not bound by the common law rules of precedent, but rather exercised its discretion in light of the principles of fairness and reasonableness. The commission also noted that it was not bound by the views of the parties or the law applicable in other jurisdictions. The commission found that the agreement was fair and reasonable, as it provided for adequate minimum rates of pay, leave entitlements, and penalty rates, and took into account the agency's financial position and operational requirements. The commission also found that the agreement was not contrary to the principles of the Fair Work Act, and that it did not have regard to irrelevant matters or fail to have regard to relevant matters.

The commission approved the agreement, subject to certain modifications to the penalty rates provisions. The commission ordered that the agreement be registered by the Registrar of the Fair Work Commission, and that it be in force from 1 April 2020 to 31 March 2024. The commission also ordered that the union's objection be dismissed, with costs to be paid by the union to the agency.

North Australian Aboriginal Justice Agency

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established