The South West Aboriginal Land & Sea Council Aboriginal Corporation

[2023] FWCA 1484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The South West Aboriginal Land & Sea Council Aboriginal Corporation

(AG2023/1139)

SWALSC ENTERPRISE AGREEMENT 2022

Social, community, home care and disability services
COMMISSIONER P RYAN	SYDNEY, 24 MAY 2023

Application for approval of the SWALSC Enterprise Agreement 2022

The South West Aboriginal Land & Sea Council Aboriginal Corporation (Employer) has made an application for approval of an enterprise agreement known as the SWALSC Enterprise Agreement 2022 (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.

Section 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 as are relevant to this application for approval have been met.

Section 183 Bargaining Representative

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 ASU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 31 May 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the South West Aboriginal Land & Sea Council Aboriginal Corporation (SWALSC) applied for approval of the SWALSC Enterprise Agreement 2022. The application was contested by the respondent, who argued that the agreement did not meet certain legal requirements. The Commission was required to determine whether the agreement was compliant with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the proper operation of the enterprise, as required by section 235(1)(a) of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it contained the minimum terms and conditions as stipulated by the Fair Work Act 2009.

The Commission found that the agreement provided for the proper operation of the enterprise and contained the minimum terms and conditions. The Commission was satisfied that the agreement was made in good faith and that it met the legal requirements set out in the Fair Work Act 2009. The Commission approved the agreement, finding that it provided for the proper operation of the enterprise and contained the minimum terms and conditions.

The Fair Work Commission approved the SWALSC Enterprise Agreement 2022. This decision provides guidance to other employers and employees on the requirements for an enterprise agreement and the factors the Commission considers when approving an agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established