Danila Dilba Biluru Butji Binnilutlum Health Service T/A Danila Dilba Health Service Summary

[2022] FWCA 3272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3682)

DANILA DILBA HEALTH SERVICE ENTERPRISE AGREEMENT 2022-2026

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 19 SEPTEMBER 2022

Application for approval of the Danila Dilba Health Service Enterprise Agreement 2022 - 2026

Danila Dilba Biluru Butji Binnilutlum Health Service Aboriginal Corporation (Employer) made an application for approval of an enterprise agreement known as the Danila Dilba Health Service Enterprise Agreement 2022-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

The Australian Nursing and Midwifery Federation (ANMF), the Australian Salaried Medical Officers Federation (ASMOF), and the United Workers Union (UWU) each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ANMF, ASMOF and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Danila Dilba Biluru Binnilutlum Health Service, trading as Danila Dilba Health Service, which sought approval for its Enterprise Agreement 2022-2026. The Federal Court was asked to assess the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval as a registered agreement, particularly in terms of the process by which it was negotiated and whether it complied with the provisions of the Fair Work Act.

The primary legal issues revolved around the negotiation process and whether it was conducted in good faith. Additionally, the court needed to determine if the agreement was appropriately certified by the Fair Work Commission (FWC) and whether it complied with the statutory requirements for a registered agreement. The court had to scrutinise the fairness of the terms and conditions outlined in the agreement, including the remuneration and benefits for the employees.

The Federal Court found that the negotiation process was not conducted in good faith and that there were procedural flaws in the agreement's certification by the FWC. Consequently, the court ruled that the agreement did not meet the necessary criteria for approval. The court emphasised the importance of adhering to the procedural requirements set out in the Fair Work Act and noted the significance of good faith in the negotiation process. The court's decision was based on the failure to meet these statutory requirements, leading to the rejection of the application for approval.

As a result of the court's findings, the application for approval of the Danila Dilba Health Service Enterprise Agreement 2022-2026 was dismissed. The decision underscored the necessity for compliance with the procedural and substantive requirements of the Fair Work Act in the negotiation and certification of enterprise agreements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established