DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yamatji Marlpa Aboriginal Corporation
(AG2018/4917)

YAMATJI MARLPA ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 MAY 2019

Application for approval of the Yamatji Marlpa Aboriginal Corporation Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Yamatji Marlpa Aboriginal Corporation Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yamatji Marlpa Aboriginal Corporation.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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 May 2019 and, in accordance with s.54, will operate from 30 May 2019. The nominal expiry date of the Agreement is 23 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Yamatji Marlpa Aboriginal Corporation, a party seeking approval of their 2018 enterprise agreement. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The corporation applied for the agreement to be approved under section 232 of the Fair Work Act 2009, a process that requires the tribunal to consider whether the agreement meets certain criteria, including that it provides for fair and reasonable terms and conditions of employment.

The legal issues central to the case involved whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it allowed for fair and reasonable terms of employment, and whether it complied with procedural requirements, including adequate consultation and notice provisions. The tribunal also considered whether the agreement's terms were consistent with the broader principles of industrial fairness and equity.

In its reasoning, the tribunal examined each clause of the enterprise agreement against the legislative framework. It found that the agreement did include all the mandatory terms and provided for fair and reasonable terms and conditions of employment. The tribunal was satisfied that the agreement had been developed through adequate consultation processes and that all procedural requirements had been met. The tribunal noted that the agreement addressed specific issues pertinent to the workforce, such as leave entitlements, penalty rates, and hours of work, in a manner that was fair and balanced.

The tribunal approved the Yamatji Marlpa Aboriginal Corporation Enterprise Agreement 2018 under section 232 of the Fair Work Act. The decision was made on the basis that the agreement met all statutory requirements and reflected fair and reasonable terms for the employees involved. The approval of the agreement allows it to come into effect and bind the parties from the date of the tribunal's decision.

Yamatji Marlpa Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established