DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland South Native Title Services Limited T/A Queensland South Native Title Services
(AG2017/4233)

QUEENSLAND SOUTH NATIVE TITLE SERVICES ENTERPRISE AGREEMENT 2017-2019

Social, community, home care and disability services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JANUARY 2018

Application for approval of the Queensland South Native Title Services Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland South Native Title Services Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland South Native Title Services Limited T/A Queensland South Native Title Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Community 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.

[7] The Agreement was approved on 17 January 2018 and, in accordance with s.54, will operate from 24 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Queensland South Native Title Services Limited trading as Queensland South Native Title Services, the Federal Circuit Court was tasked with determining whether the proposed enterprise agreement between the applicant and its employees should be approved. The dispute centred on the application for the approval of the Queensland South Native Title Services Enterprise Agreement 2017-2019. The applicant sought the Court’s approval to implement this agreement, which outlines the terms and conditions of employment for its staff.

The legal issues before the Court involved whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the procedural and substantive fairness standards. The Court had to consider whether the agreement was made in good faith, whether it contained minimum entitlements as required by the Act, and whether the process leading to the agreement's formation was fair and reasonable. Additionally, the Court examined whether any terms in the agreement were inconsistent with the provisions of the Fair Work Act or the Fair Work Regulations.

The Court, in delivering its judgment, carefully reviewed the evidence and submissions presented by the parties. It found that the agreement was made in good faith, contained all the minimum entitlements required by the Act, and was formed through a process that was fair and reasonable. The Court concluded that the agreement met all the necessary legal standards for approval and did not contain any terms that were inconsistent with the Fair Work Act or the Fair Work Regulations. Consequently, the Court approved the Queensland South Native Title Services Enterprise Agreement 2017-2019.

As a result of the Court’s decision, the enterprise agreement was approved, and the parties are now bound by its terms. The agreement will govern the employment conditions of the staff for the period specified, providing a framework for the working relationship between the employer and its employees.

Queensland South Native Title Services Limited T/A Queensland South Native Title Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established