DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nyangatjatjara Aboriginal Corporation T/A Nyangatjatjara College
(AG2016/728)

NYANGATJATJARA COLLEGE ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 21 APRIL 2016

Application for approval of the Nyangatjatjara College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nyangatjatjara College Enterprise Agreement 2016 (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 T/A Nyangatjatjara College. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Nyangatjatjara Aboriginal Corporation, trading as Nyangatjatjara College, applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under the Fair Work Act 2009. The respondent to the application was the Department of Education and Training, which employed the majority of the workers covered by the proposed agreement.

The legal issues before the Fair Work Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it met the requirements for approval as a simple, streamlined or certified agreement. The Commission had to consider whether the agreement provided for a fair and efficient workplace, covered all employees and provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to determine whether the agreement provided for appropriate minimum terms and conditions for employees, including wages, hours of work, leave entitlements, and other employment-related matters.

The Fair Work Commission approved the proposed agreement, finding that it met the requirements for approval. The Commission found that the agreement provided for a fair and efficient workplace, covered all employees, and provided for appropriate dispute resolution mechanisms. The agreement also provided for appropriate minimum terms and conditions for employees, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement was not likely to have an adverse effect on the broader economy and that it had been made in good faith.

The Fair Work Commission approved the Nyangatjatjara College Enterprise Agreement 2016. The agreement will now be registered and will apply to the employees covered by it. The Commission noted that the agreement provided for a fair and efficient workplace, covered all employees, and provided for appropriate dispute resolution mechanisms. The Commission also noted that the agreement provided for appropriate minimum terms and conditions for employees, including wages, hours of work, leave entitlements, and other employment-related matters.

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