Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation

[2013] FWCA 4189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation
(AG2013/1012)

DANILA DILBA HEALTH SERVICE ENTERPRISE AGREEMENT 2013-2015

Northern Territory
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2013

Application for approval of the Danila Dilba Health Service Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Danila Dilba Health Service Enterprise Agreement 2013-2015 (the Agreement). The application was made by Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] United Voice, the Australian Salaried Medical Officers Federation and the Australian Nursing Federation, 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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Danila Dilba Binnilutlum Health Service Aboriginal Corporation concerned the approval of the Danila Dilba Health Service Enterprise Agreement 2013-2015. The applicant, Danila Dilba Binnilutlum Health Service Aboriginal Corporation, sought the court’s approval for the terms of the enterprise agreement as part of the Fair Work Act 2009 process. The dispute arose from the negotiation of the agreement between the employer and the employees' representatives, and subsequent objections by some of the employees to the proposed terms.

The central legal issue before the court was whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and reasonable method of determining the employees' remuneration and other terms and conditions of employment. The court also needed to ensure that the agreement was not detrimental to the employees, and that it complied with the legislative requirements for good faith bargaining and the protection of employee rights.

The court carefully examined the terms of the enterprise agreement, considering the submissions from both the employer and the objecting employees. It found that the agreement contained provisions that were fair and reasonable, and that it did not adversely affect the employees. The court determined that the agreement was the product of good faith bargaining and that it complied with the relevant legislative requirements. Based on this analysis, the court approved the enterprise agreement, confirming its compliance with the statutory standards.

The final orders of the court approved the Danila Dilba Health Service Enterprise Agreement 2013-2015, confirming its validity and applicability. The agreement was thus approved and could be implemented by the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established