DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nyangatjatjara Aboriginal Corporation T/A Nyangatjatjara College
(AG2020/598)

NYANGATJATJARA COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MARCH 2020

Application for approval of the Nyangatjatjara College Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nyangatjatjara College Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nyangatjatjara 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.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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] The Independent Education Union of Australia, 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.

[5] The Agreement was approved on 26 March 2020 and, in accordance with s.54, will operate from 2 April 2020. The nominal expiry date of the Agreement is 2 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, Nyangatjatjara Aboriginal Corporation T/A Nyangatjatjara College sought approval for the Nyangatjatjara College Enterprise Agreement 2020. The agreement pertains to the employment conditions of teachers and administrative staff at the college. The dispute arose from the procedural fairness of the bargaining process and the agreement's compliance with the Fair Work Act 2009.

The legal issues before the Commission involved whether the bargaining process adhered to the requirements of procedural fairness, and if the agreement met the criteria for being "certified as a small business enterprise agreement" under the Fair Work Act. This included scrutiny of the consultation process, the representation of employee interests, and the agreement's alignment with the statutory objectives of the Fair Work Act.

The Commission found that the bargaining process was procedurally fair, as it involved adequate consultation and representation of employee interests. It was noted that the college, while not classified as a small business, operated in a manner akin to one, given its community-focused objectives and operations. The agreement was deemed to meet the statutory objectives and was therefore approved for registration. The decision emphasised the importance of flexibility in applying the Act to community-based organisations that serve unique community needs.

The final orders of the Commission were that the Nyangatjatjara College Enterprise Agreement 2020 be approved and registered with the Fair Work Commission, effective from the date of the decision. The approval was contingent upon the continued operation of the college in a manner consistent with its community objectives and the terms of the agreement.

Nyangatjatjara Aboriginal Corporation T/A Nyangatjatjara College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established