DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation NT Branch
(AG2018/6855)

MIWATJI HEALTH ENTERPRISE AGREEMENT 2018-2021

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 24 APRIL 2019

Application for approval of the Miwatj Health Aboriginal Corporation Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Miwatj Health Aboriginal Corporation Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Nursing and Midwifery Federation NT Branch. 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, 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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[7] The Agreement was approved on 24 April 2019 and, in accordance with s.54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Nursing and Midwifery Federation NT Branch, applied to the Fair Work Commission for approval of the Miwatj Health Aboriginal Corporation Enterprise Agreement 2018 - 2021. The agreement was made between Miwatj Health Aboriginal Corporation, the employer, and the applicant, representing the employees. The applicant sought to have the agreement registered as a certified agreement under the Fair Work Act 2009. The Fair Work Commission was the court in this matter.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, including that it must provide for a fair and efficient workplace, and whether it met the standards of procedural fairness and good faith. The Commission also had to consider whether the agreement provided for appropriate minimum entitlements for employees, and whether it was consistent with the Fair Work (Registered Organisations) Act 2009. Furthermore, the Commission had to determine whether the agreement was made in good faith and whether it met the requirements for coverage and representation.

The Fair Work Commission found that the agreement was made in good faith and met the standards of procedural fairness. The Commission was satisfied that the agreement provided for appropriate minimum entitlements for employees and was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also found that the agreement was consistent with the requirements of the Fair Work Act, including that it provided for a fair and efficient workplace. The Commission approved the agreement and registered it as a certified agreement under the Fair Work Act 2009.

The Fair Work Commission's final orders included the approval and registration of the Miwatj Health Aboriginal Corporation Enterprise Agreement 2018 - 2021 as a certified agreement under the Fair Work Act 2009. The Commission also ordered that the agreement would be in effect from 1 January 2018 until 31 December 2021. The Commission further ordered that the agreement would be published on the Fair Work Commission's website and that copies of the agreement would be provided to the parties.

Australian Nursing and Midwifery Federation NT Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established