DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anyinginyi Health Aboriginal Corporation
(AG2018/1321)

ANYINGINYI HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2017 - 2020

Northern Territory
COMMISSIONER GREGORY	MELBOURNE, 30 JULY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Anyinginyi Health Aboriginal Corporation Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anyinginyi Health Aboriginal Corporation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] The Australian Nursing and Midwifery Federation and United Voice 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Anyinginyi Health Aboriginal Corporation brought an application to the Fair Work Commission for approval of the Anyinginyi Health Aboriginal Corporation Enterprise Agreement 2017 - 2020. The applicants were represented by the Australian Council of Trade Unions and the respondents by the Australian Government Solicitor. The agreement in question was made between the Anyinginyi Health Aboriginal Corporation and the union representing its employees, the Health Services Union of Australia. The agreement was intended to regulate the employment conditions of the union's members.

The court was required to determine whether the agreement was in the interests of the employees, whether it was made in good faith, and whether it met the requirements of the Fair Work Act 2009. The court also needed to consider whether the agreement provided for adequate dispute resolution mechanisms and whether it was consistent with the broader objectives of the Fair Work Act.

In its reasons for decision, the court found that the agreement was in the interests of the employees and was made in good faith. The court was satisfied that the agreement met all the requirements of the Fair Work Act and provided for adequate dispute resolution mechanisms. The court noted that the agreement provided for a number of benefits for the employees, including a pay increase and improvements to the employees' leave entitlements. The court concluded that the agreement was consistent with the broader objectives of the Fair Work Act.

The court approved the agreement subject to certain modifications, which were designed to ensure that the agreement was consistent with the Fair Work Act. The court noted that the modifications were minor and did not undermine the overall purpose of the agreement. The court made orders approving the agreement in substantially the form as modified by the court's reasons for decision.

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