DECISION

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

Illaroo Co-operative Aboriginal Corporation
(AG2015/1818)

ILLAROO CO-OPERATIVE ABORIGINAL CORPORATION, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 MARCH 2015

Application for approval of the Illaroo Co-operative Aboriginal Corporation, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[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 2014 - 2017 (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] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Illaroo Co-operative Aboriginal Corporation, the NSW Nurses and Midwives’ Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The parties were seeking approval for the Enterprise Agreement 2014-2017 from the Fair Work Commission. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. This involved determining if the agreement covered a bargaining group, included minimum terms and conditions, and whether the agreement had been fairly negotiated. The court also needed to consider if the agreement would have a detrimental effect on employees or the industrial relations system.

The Fair Work Commission evaluated the evidence presented and determined that the agreement satisfied all the necessary statutory criteria. The commission found that the agreement was made up of minimum terms and conditions, covered the relevant bargaining group, and had been fairly negotiated. The commission also concluded that the agreement would not have an adverse effect on the employees or the industrial relations system. Based on these findings, the commission approved the enterprise agreement.

The Fair Work Commission approved the Illaroo Co-operative Aboriginal Corporation, NSWNMA, and HSU NSW Enterprise Agreement 2014-2017, finding that it met all statutory requirements and would not have a detrimental effect on employees or the industrial relations system. This decision confirmed the validity of the agreement and its implementation within the respective parties.

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