Aboriginal and Torres Strait Islander Community Health Service Ltd

[2022] FWCA 143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aboriginal and Torres Strait Islander Community Health Service Ltd

(AG2021/8925)

Jimbelunga Nursing Centre - Support Staff Enterprise Agreement 2021

Aged care industry
COMMISSIONER HUNT	BRISBANE, 18 JANUARY 2022

Application for approval of the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2021

Aboriginal and Torres Strait Islander Community Health Service Ltd (the Employer) has applied for approval of an enterprise agreement known as the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of The Australian Workers’ Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AWU 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) of the Act I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2022. The nominal expiry date of the Agreement is 18 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Aboriginal and Torres Strait Islander Community Health Service Ltd (ATCICS) applied for approval of the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2021. The agreement was negotiated between ATCICS and the National Union of Workers (NUW). The application was made under section 231 of the Fair Work Act 2009, which allows for the direct registration of agreements that meet certain criteria. The dispute centred on whether the agreement met the requirements for direct registration, including that it be a "good faith" agreement and that it provide for a "single, integrated, national system" for the classification of employees.

The legal issues before the Commission were whether the agreement was a good faith agreement and whether it complied with the requirements of a single, integrated, national system for classification. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of a single, integrated, national system. The Commission also examined whether the agreement provided for appropriate mechanisms for dispute resolution and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the agreement was a good faith agreement and that it complied with the requirements of a single, integrated, national system for classification. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the principles of a single, integrated, national system. The Commission also found that the agreement provided for appropriate mechanisms for dispute resolution and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, which will now be directly registered and will apply to the employees of ATCICS covered by the agreement.

The Fair Work Commission approved the Jimbelunga Nursing Centre Support Staff Enterprise Agreement 2021, which will now be directly registered and will apply to the employees of ATCICS covered by the agreement. The Commission found that the agreement was a good faith agreement and that it complied with the requirements of a single, integrated, national system for classification. The agreement provides for fair and reasonable terms and conditions of employment, and it is consistent with the principles of a single, integrated, national system. The agreement also provides for appropriate mechanisms for dispute resolution and complies with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established