Tangentyere Council Aboriginal Corporation T/A Tangentyere Council
[2024] FWCA 3271
•16 SEPTEMBER 2024
| [2024] FWCA 3271 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tangentyere Council Aboriginal Corporation T/A Tangentyere Council
(AG2024/2923)
TANGENTYERE COUNCIL ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2024 – 2027
| Social, community, home care and disability services | |
| COMMISSIONER P RYAN | SYDNEY, 16 SEPTEMBER 2024 |
Application for approval of the The Tangentyere Council Aboriginal Corporation Enterprise Agreement 2024 – 2027
Tangentyere Council Aboriginal Corporation (Employer) has made an application for approval of an enterprise agreement known as the Tangentyere Council Aboriginal Corporation Enterprise Agreement 2024 – 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]
Delegates’ rights term
Pursuant to s.205A(2) of the FW Act, clause 28A of the Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 is taken to be a term of the Agreement.
Section 183 Bargaining Representatives
The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 September 2024. The nominal expiry date of the Agreement is 23 September 2027.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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