Galambila Aboriginal Health Service Inc Summary

[2017] FWCA 4961

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Galambila Aboriginal Health Service Inc

(AG2017/2775)

Galambila Aboriginal Health Service Incorporated General Enterprise Agreement 2017

Indigenous organisations and services
Commissioner Johns	SYDNEY, 22 SEPTEMBER 2017

Application for approval of the Galambila Aboriginal Health Service Incorporated General Enterprise Agreement 2017.

On 11 July 2017 Galambila Aboriginal Health Service Inc (Applicant) made an application for approval of the Galambila Aboriginal Health Service Incorporated General Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union has been provided with the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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.

The Health Services Union, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Galambila Aboriginal Health Service Incorporated applied to the Fair Work Commission for the approval of a General Enterprise Agreement 2017. The applicant is a not-for-profit organisation that provides health services to the Aboriginal community. The respondent, an unincorporated association of employees, did not oppose the application. The Commission was required to determine whether the application satisfied the criteria set out in the Fair Work Act 2009.

The main issue before the Commission was whether the application complied with section 232 of the Act, which requires that a proposed agreement must be "in writing, and must set out, in a fair and concise manner, the terms and conditions of employment." The Commission also had to consider whether the agreement was "in the public interest" and whether it would "have a detrimental effect on the employees." The applicant argued that the agreement was in the best interests of the employees and was in the public interest. The respondent did not oppose the application.

The Commission found that the application satisfied the criteria set out in the Act. The agreement was in writing and set out the terms and conditions of employment in a fair and concise manner. The Commission also found that the agreement was in the public interest and would not have a detrimental effect on the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for flexible working arrangements and additional leave for employees who are also Aboriginal Elders. The Commission approved the application and made an order approving the agreement.

The Commission made an order approving the Galambila Aboriginal Health Service Incorporated General Enterprise Agreement 2017. The order is effective from 1 April 2017 and will remain in force until 31 March 2022, unless terminated earlier in accordance with the agreement. The order is binding on the applicant, the respondent, and all employees covered by the agreement.

Galambila Aboriginal Health Service Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established