DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Aboriginal Corporation T/A Tasmanian Aboriginal Centre
(AG2019/4669)

TASMANIAN ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JANUARY 2020

Application for approval of the Tasmanian Aboriginal Corporation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Aboriginal Corporation Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Aboriginal Corporation T/A Tasmanian Aboriginal Centre. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, 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 Agreement lodged contained a formatting error at clause 15 – remuneration. On 12 December 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Tasmanian Aboriginal Corporation T/A Tasmanian Aboriginal Centre sought approval for the Tasmanian Aboriginal Corporation Enterprise Agreement 2020. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly concerning the negotiation process and content of the agreement.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and if it met the minimum requirements of the Fair Work Act. The Commission had to consider if the agreement was made in good faith and whether it provided for minimum terms and conditions that were not less favourable than those provided by the relevant award or safety net award.

The Commission determined that the agreement was genuinely negotiated in good faith and met the minimum requirements. It was satisfied that the process of negotiation was robust, with all necessary steps taken to ensure that employees were adequately represented. Furthermore, the content of the agreement was found to comply with the minimum terms and conditions stipulated by the Act, providing fair and reasonable terms for the employees. The Commission approved the agreement, confirming its compliance with the legislative requirements.

As a result, the Tasmanian Aboriginal Corporation Enterprise Agreement 2020 was approved and registered. This decision ensures that the agreement will govern the employment terms and conditions for the employees of the Tasmanian Aboriginal Corporation, providing them with the protections and entitlements outlined in the approved agreement.

Tasmanian Aboriginal Corporation T/A Tasmanian Aboriginal Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established