Tangentyere Council Aboriginal Corporation T/A Tangentyere Council

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tangentyere Council Aboriginal Corporation, trading as Tangentyere Council, applied to the Fair Work Commission for approval of their Enterprise Agreement 2024-2027. The dispute centred around the terms and conditions of employment for the corporation's staff, and the fairness and appropriateness of those terms given the unique context of the Aboriginal corporation. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were no worse off financially than the relevant national award or registered agreement, whether it allowed for appropriate flexibility, and whether it adhered to the good faith bargaining requirements. The Commission also had to consider the specific needs and circumstances of the Aboriginal corporation and its employees, and whether the agreement appropriately reflected these.

In making its decision, the Commission examined the agreement's provisions against the statutory criteria and found that it met all necessary requirements. The agreement provided for terms and conditions that were not worse off financially and allowed for flexibility where needed. The Commission was satisfied that the agreement had been reached through good faith bargaining, and that it took into account the unique context of the Aboriginal corporation. As such, the Commission approved the agreement, finding it to be in accordance with the Act and appropriate for the circumstances of the parties involved. The Commission made an order approving the Enterprise Agreement 2024-2027 for the Tangentyere Council Aboriginal Corporation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established