Aboriginal Community Elders Services Incorporated

[2014] FWCA 5984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aboriginal Community Elders Services Incorporated
(AG2014/8690)

ABORIGINAL COMMUNITY ELDERS SERVICES, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 29 AUGUST 2014

Application for approval of the Aboriginal Community Elders Services, ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Aboriginal Community Elders Services, ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aboriginal Community Elders Services Incorporated. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 29 August 2014 and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 31 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Aboriginal Community Elders Services Incorporated, the Fair Work Commission was presented with an application for the approval of the Aboriginal Community Elders Services, ANMF and HSU Enterprise Agreement 2014. The applicant, Aboriginal Community Elders Services Incorporated, sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation of the enterprise agreement, which was intended to govern the terms and conditions of employment for certain employees of the organisation.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to determine whether the agreement was properly negotiated and whether appropriate consultation processes were followed. Substantively, the Commission needed to assess whether the agreement contained terms that were in the best interests of the employees and whether it complied with the provisions of the Act, including the Fair Work Objectives.

The Commission found that the agreement was appropriately negotiated and that the consultation processes adhered to the requirements of the Act. The terms of the agreement were considered to be in the best interests of the employees, balancing the needs of both the employer and the employees. The Commission determined that the agreement did not undermine the Fair Work Objectives and therefore granted approval to the Aboriginal Community Elders Services, ANMF and HSU Enterprise Agreement 2014. The decision emphasised the importance of ensuring fair and equitable terms for employees within the context of the Aboriginal community services sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established