Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service

[2015] FWCA 6228

[2015] FWCA 6228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service
(AG2015/4467)

DANILA DILBA HEALTH SERVICE ENTERPRISE AGREEMENT 2015-2018

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 10 SEPTEMBER 2015

Application for approval of the Danila Dilba Health Service Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Danila Dilba Health Service Enterprise Agreement 2015-2018 (“the Agreement”). The application has been made pursuant to s.185 of the Fair Work Act 2009 (“the Act”) by Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service (“the applicant”). The Agreement is a single-enterprise agreement.

[2] The applicant has provided a written undertaking addressing a discrete matter, which is attached to this decision and marked “Annexure A”. Coupled with the undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. Moreover, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement. I note also that there may be a potential issue with the long service leave clause – in which case the relevant long service leave legislation will operate in any event.

[3] A number of organisations have given notice they wish to be covered by the Agreement and, in accordance with s.201(2) of the Act, I note that the Agreement covers the following:

• the Australian Nursing and Midwifery Federation Northern Territory Branch;



• the Australian Salaried Medical Officers’ Federation Northern Territory; and



• United Voice Northern Territory Branch.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2018.

COMMISSIONER

ANNEXURE A

Fair Work Act 2009 (Cth)

Fair Work Commission AG2015/4467

Application by Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation T/A Danila Dilba Health Service for approval of the Danila Dilba Health Service single-enterprise agreement.

Undertakings

The following undertakings are given on behalf of Danila Dilba Health Service.

1. Clause 10 of the Agreement shall read so that in the operation of the provision:

(a) any monies withheld from an Employee’s final payment of salary or accrued entitlements due to the Employee not providing one’s weeks notice shall only be undertaken with the written authorisation of the Employee.

Signed for and on behalf of DANILA DILBA HEALTH SERVICE by the CEO

Full Name: Olga Havnen

Address: 36 Knuckey Street, Darwin, NT 0800

Signature:

Date

9^th September 2015

Printed by authority of the Commonwealth Government Printer

<Price code G, AE415662  PR571685>