| [2022] FWCA 3024 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
South East Aboriginal Justice Services Limited T/A Victorian Aboriginal Legal Service
(AG2022/3296)
Victorian Aboriginal Legal Service Agreement 2022
| Social, community, home care and disability services | |
| COMMISSIONER SPENCER | BRISBANE, 1 SEPTEMBER 2022 |
Application for approval of the Victorian Aboriginal Legal Service Agreement 2022
An application has been made for approval of an enterprise agreement known as the Victorian Aboriginal Legal Service Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South East Aboriginal Justice Services Limited T/A Victorian Aboriginal Legal Service (the Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, 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.
As noted, pursuant to s.190(3), I have accepted the undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.
The Australian Municipal Administrative Clerical and Services Branch (ASU Victorian Private Sector Branch) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 30 June 2025.
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- AGLC
- South East Aboriginal Justice Services Limited T/A Victorian Aboriginal Legal Service [2022] FWCA 3024
- Case
- [2022] FWCA 3024
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the agreement met the requirements of section 53 of the Act and whether the agreement was in the best interests of the Aboriginal and Torres Strait Islander people it was intended to serve. The court considered whether the agreement provided for the efficient and effective use of public money and whether it complied with the relevant legislative and policy frameworks. The court also considered whether the agreement was consistent with the broader objectives of the Commonwealth's Indigenous affairs policies.
The court found that the agreement was in the best interests of the Aboriginal and Torres Strait Islander people it was intended to serve, and that it met the requirements of section 53 of the Act. The court was satisfied that the agreement provided for the efficient and effective use of public money and that it complied with the relevant legislative and policy frameworks. The court noted that the agreement was consistent with the broader objectives of the Commonwealth's Indigenous affairs policies and that it was likely to improve access to justice for Aboriginal and Torres Strait Islander people in Victoria. The court approved the agreement and made an order under section 53(2) of the Act accordingly.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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