DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Illaroo Co-operative Aboriginal Corporation
(AG2018/7121)

THE ILLAROO CO-OPERATIVE ABORIGINAL CORPORATION, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 AUGUST 2019

Application for approval of The Illaroo Co-operative Aboriginal Corporation, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as The Illaroo Co-operative Aboriginal Corporation, NSWNMA and HSU NSW Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Illaroo Co-operative Aboriginal Corporation. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union of Australia and the Australian Nursing and Midwifery 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Illaroo Co-operative Aboriginal Corporation sought approval of an enterprise agreement which had been negotiated with the NSW Nurses and Midwives Association and the Health Services Union of Australia. The dispute centred on the validity and fairness of the terms contained within the agreement. The Commission was required to determine whether the agreement met the necessary statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made freely and fairly without any unlawful coercion, and whether it contained terms that were in breach of the "better off overall test" and the "public interest test". Additionally, the Commission had to consider whether the agreement was appropriately certified as a single interest employee agreement and whether it adequately provided for the protection of employees' rights and interests.

In rendering its decision, the Commission examined the evidence and submissions provided by the parties. It concluded that the agreement had been made in good faith and without any coercion. The Commission found that the agreement met the "better off overall test" and was in the public interest. It also determined that the agreement was appropriately certified as a single interest employee agreement. The Commission approved the agreement, noting that it provided for the fair and reasonable terms of employment for the employees of the Illaroo Co-operative Aboriginal Corporation.

The Fair Work Commission approved the enterprise agreement between the Illaroo Co-operative Aboriginal Corporation, NSWNMA and HSU NSW for the period 2017 to 2020. The Commission found that the agreement was fairly and freely negotiated, met the necessary statutory criteria, and was in the public interest. The terms of the agreement were deemed to be reasonable and appropriate for the employees involved.

Illaroo Co-operative Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established