DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aboriginal Health Council of South Australia Ltd
(AG2017/3639)

ABORIGINAL HEALTH COUNCIL OF SOUTH AUSTRALIA LTD. ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 20 NOVEMBER 2017

Application for approval of the Aboriginal Health Council of South Australia Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aboriginal Health Council of South Australia Ltd. Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aboriginal Health Council of South Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Health Services Union (HSU) 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Aboriginal Health Council of South Australia Limited, the dispute centred around the approval of the Aboriginal Health Council of South Australia Limited Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, the tribunal tasked with overseeing and regulating employment agreements in Australia. The Commission was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009, specifically focusing on whether it complied with the requirements for minimum terms and conditions of employment.

The primary legal issues the Commission had to address involved whether the agreement provided for fair and reasonable terms and conditions, and whether it met the requirements for minimum entitlements as stipulated in the Act. This included assessing whether the agreement adequately covered essential aspects such as minimum wages, penalty rates, leave entitlements, and other fundamental employment rights. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for the resolution of disputes in an efficient and timely manner.

The Commission found that the Aboriginal Health Council of South Australia Limited Enterprise Agreement 2017 did indeed provide for fair and reasonable terms and conditions that met the requirements of the Act. The agreement was deemed to offer appropriate minimum entitlements for the employees covered by it, including fair wages, leave provisions, and other essential benefits. The Commission was satisfied that the agreement was made in good faith and that it provided adequate mechanisms for the resolution of disputes. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements.

The final orders of the Commission were that the Aboriginal Health Council of South Australia Limited Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. This decision effectively validated the agreement, allowing it to be implemented and enforced within the terms set out in the document.

Aboriginal Health Council of South Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established