DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat and District Aboriginal Cooperative
(AG2018/4664)

NURSES (BALLARAT AND DISTRICT ABORIGINAL COOPERATIVE INC.) ENTERPRISE AGREEMENT 2017

Indigenous organisations and services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Nurses (Ballarat and District Aboriginal Cooperative Inc.) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nurses (Ballarat and District Aboriginal Cooperative Inc.) 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 Ballarat and District Aboriginal Cooperative. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Ballarat and District Aboriginal Cooperative brought an application for the approval of the Nurses (Ballarat and District Aboriginal Cooperative Inc.) Enterprise Agreement 2017. The Cooperative argued that the agreement met the requirements of the Fair Work Act 2009. The Australian Nurses and Midwives’ Federation opposed the application, contending that the agreement failed to comply with certain legislative provisions.

The central legal issue before the Commission was whether the enterprise agreement adequately fulfilled the statutory criteria under the Fair Work Act 2009. Specifically, the dispute focused on whether the agreement contained all the mandatory terms prescribed by the Act and whether it was certified by a certified agreement testing authority. The Cooperative submitted that the agreement complied with all legislative requirements, while the opposing party maintained that it did not.

The Commission examined the agreement and the certification process. It found that the agreement included all mandatory terms and had been correctly certified. The Commission concluded that the agreement met the legislative requirements and approved it. The Cooperative's application was thus successful.

The Commission's decision was that the Nurses (Ballarat and District Aboriginal Cooperative Inc.) Enterprise Agreement 2017 was approved and could be registered with the Fair Work Commission. The decision was made on the basis that the agreement complied with the statutory requirements and was properly certified.

Ballarat and District Aboriginal Cooperative

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established