South Australian Native Title Services Limited

[2013] FWCA 3985

FAIR WORK COMMISSION

DECISION

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

South Australian Native Title Services Limited
(AG2013/7002)

SOUTH AUSTRALIAN NATIVE TITLE SERVICES ENTERPRISE AGREEMENT 2012

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 21 JUNE 2013

Application for approval of the South Australian Native Title Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the South Australian Native Title Services Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Australian Native Title Services Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services 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) of the Act 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 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of South Australian Native Title Services Limited, the Fair Work Commission was presented with an application to approve the South Australian Native Title Services Enterprise Agreement 2012. The application was made by the employer, South Australian Native Title Services Limited, seeking approval for the enterprise agreement, which was intended to govern the employment terms and conditions of its employees. The nature of the dispute involved the procedural fairness of the agreement, particularly the process by which the agreement was negotiated and the adequacy of the consultation with the employees.

The legal issues before the Commission involved whether the enterprise agreement was made in accordance with the requirements of the Fair Work Act 2009. This included assessing the process by which the agreement was negotiated, the extent of the consultation with the employees, and whether the agreement was made free from any improper conduct or coercion. The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the proper protection of employees' rights and entitlements.

In its decision, the Commission examined the process by which the agreement was negotiated and the level of consultation with the employees. The Commission found that the negotiation process was conducted in good faith and that the employer had made a genuine effort to consult with the employees. The Commission was satisfied that the agreement provided for the proper protection of employees' rights and entitlements and that it met the statutory criteria for approval. The Commission concluded that the agreement was made free from any improper conduct or coercion and approved the application for the agreement. The Commission's approval was based on its finding that the agreement provided for the proper protection of employees' rights and entitlements and that it met the statutory criteria for approval.

The final orders of the Commission included the approval of the South Australian Native Title Services Enterprise Agreement 2012, subject to certain conditions. The conditions included the requirement that the employer provide written notice to employees of the approved agreement and that the agreement be brought into effect on the date of the Commission's decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that any disputes arising from the agreement be referred to the Fair Work Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established