DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Anyinginyi Health Aboriginal Corporation
(AG2020/1322)

ANYINGINYI HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2017 - 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 15 JUNE 2020

Application for variation of the Anyinginyi Health Aboriginal Corporation Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of a variation to the Anyinginyi Health Aboriginal Corporation Enterprise Agreement 2017 - 2020 (the Agreement). The application was made by Anyinginyi Health Aboriginal Corporation pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 30 July 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 15 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Anyinginyi Health Aboriginal Corporation sought a variation of the Enterprise Agreement with its employees that was in effect from 2017 to 2020. The dispute centred on the conditions under which the employer could impose changes to employee rosters, specifically in relation to shift patterns and leave arrangements. The employees, represented by their union, argued that the existing agreement did not sufficiently protect their rights and working conditions.

The legal issues before the Commission included whether the employer had the right to unilaterally alter rosters, and if the proposed changes aligned with the principles of good faith bargaining and fairness as enshrined in the Fair Work Act 2009. Additionally, the Commission needed to consider whether the proposed changes would result in a detrimental impact on the employees' work-life balance and overall wellbeing.

The Commission examined the existing provisions of the Enterprise Agreement and the broader context of employment practices within the organisation. It was noted that the current agreement did not adequately address the complexities of rostering in a health service environment, which often requires flexibility to meet patient needs. The Commission found that the employer had not demonstrated good faith in its approach to modifying rosters and that the proposed changes would negatively affect employees' work-life balance. Consequently, the Commission rejected the application for variation, maintaining the existing rostering provisions until a new agreement could be reached through further negotiations.

No further orders were made, and the existing Enterprise Agreement remained in effect, pending any future negotiations between the parties.

Anyinginyi Health 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