DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aboriginal Medical Services Alliance Northern Territory Aboriginal Corporation
(AG2021/4781)

AMSANT ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2021

Application for approval of the AMSANT Enterprise Agreement 2020.

[1] The Aboriginal Medical Services Alliance Northern Territory Aboriginal Corporation has made an application for approval of an enterprise agreement known as the AMSANT Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] The Australian Nursing and Midwifery Federation and the United Workers’ Union, 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) and based on the declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 12 May 2021 and, in accordance with s 54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 19 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511443 PR729780>
Annexure A

CaseChat Overview and Summary

The Federal Court of Australia recently heard an application by the Aboriginal Medical Services Alliance Northern Territory Aboriginal Corporation (AMSANT) to approve the AMSANT Enterprise Agreement 2020. The application came before the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. AMSANT sought approval for the agreement to regulate the employment of its staff.

The primary legal issue before the Court was whether the Fair Work Commission correctly exercised its discretion when approving the Enterprise Agreement. The Court was required to consider whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Court also had to determine whether the agreement complied with the procedural requirements set out in the Fair Work Act.

In delivering its judgment, the Court found that the Fair Work Commission had correctly exercised its discretion in approving the Enterprise Agreement. The Court concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the statutory requirements for approval. The Court also found that the Commission had followed the correct procedures in approving the agreement. As a result, the Court granted AMSANT's application for approval of the Enterprise Agreement.

The Fair Work Commission's decision to approve the AMSANT Enterprise Agreement 2020 was upheld by the Federal Court of Australia. The Court found that the agreement met the statutory criteria for approval and that the Commission had correctly exercised its discretion in approving the agreement. The Court's decision provides clarity for AMSANT and its employees regarding the terms and conditions of their employment, and ensures that the agreement is compliant with the requirements of the Fair Work Act.

Aboriginal Medical Services Alliance Northern Territory 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