DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramahyuck District Aboriginal Corporation
(AG2021/5656)

RAMAHYUCK DISTRICT ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2021 - 2025

Indigenous organisations and services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 JULY 2021

Application for approval of the Ramahyuck District Aboriginal Corporation Enterprise Agreement 2021 - 2025.

[1] Ramahyuck District Aboriginal Corporation (the Employer) has made an application for approval of an enterprise agreement known as the Ramahyuck District Aboriginal Corporation Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] The Australian Municipal, Administrative, Clerical and Services Union (ASU), the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 6 July 2021 and, in accordance with s 54, will operate from 13 July 2021. The nominal expiry date of the Agreement is 6 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Ramahyuck District Aboriginal Corporation applied to the Fair Work Commission for approval of the Enterprise Agreement 2021 - 2025. The dispute centred on whether the agreement was appropriately made and whether it complied with relevant statutory requirements. The Fair Work Commission was tasked with determining these issues.

The legal issues before the Commission included whether the agreement was genuinely made by the parties involved, whether it was properly negotiated, and whether it adhered to the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement included all required minimum terms and conditions, and if it was made in good faith and without coercion.

The Commission found that the agreement was genuinely made, properly negotiated, and complied with all statutory requirements. It included all mandated minimum terms and conditions and was made in good faith. The Commission approved the agreement, noting the parties' commitment to the negotiated terms. The agreement was thus deemed fair and suitable for approval.

The Commission's final order was the approval of the Enterprise Agreement 2021 - 2025, effective from the date of the Commission's decision. This approval ensures that the agreement will govern the employment conditions of the parties for the specified period.

Ramahyuck District 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