DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Queensland Land Council Native Title Representative Body Aboriginal Corporation
(AG2019/4988)

NORTH QUEENSLAND LAND COUNCIL NATIVE TITLE REPRESENTATIVE BODY ABORIGINAL CORPORATION’S ENTERPRISE AGREEMENT 2019-2021

Indigenous organisations and services
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2020

Application for approval of the North Queensland Land Council Native Title Representative Body Aboriginal Corporation’s Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the North Queensland Land Council Native Title Representative Body Aboriginal Corporation’s Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by North Queensland Land Council Native Title Representative Body Aboriginal Corporation. 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. The undertakings are taken to be a term of 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.

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

[5] 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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the North Queensland Land Council Native Title Representative Body Aboriginal Corporation for approval of their Enterprise Agreement 2019-2021. The dispute centred on whether the proposed agreement met the legal standards set out under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement was in line with the relevant legislative framework and met the requirements for employee representation and fairness.

The legal issues before the Commission included whether the agreement was genuinely negotiated, the terms were fair and reasonable, and whether it complied with the specific provisions outlined in the Fair Work Act. Additionally, the Commission had to consider if the agreement adequately represented the interests of the employees and adhered to the statutory criteria for approval. The Commission's role was to meticulously review the agreement to ensure it did not contravene any provisions of the Act and that it provided a fair and equitable framework for the employees.

The Commission found that the agreement was genuinely negotiated between the employer and the employee representatives, and it met the statutory requirements for approval. The Commission determined that the terms of the agreement were fair and reasonable, providing adequate protection for the employees. Furthermore, the Commission concluded that the agreement complied with all relevant provisions of the Fair Work Act and provided a fair and equitable framework for the employees. Consequently, the Commission approved the Enterprise Agreement 2019-2021.

In light of the findings, the Fair Work Commission approved the Enterprise Agreement 2019-2021, thereby confirming its validity and enforceability. This decision ensures that the agreement can now be implemented, providing a clear framework for the relationship between the North Queensland Land Council Native Title Representative Body Aboriginal Corporation and its employees.

North Queensland Land Council Native Title Representative Body 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