Illaroo Co-operative Aboriginal Corporation Summary

[2024] FWCA 1597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Illaroo Co-operative Aboriginal Corporation

(AG2024/595)

ILLAROO COOPERATIVE ABORIGINAL CORPORATION, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2023

Aged Care Industry
COMMISSIONER CRAWFORD	SYDNEY, 1 MAY 2024

Application for approval of the Illaroo Cooperative Aboriginal Corporation, NSWNMA and HSU NSW Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Illaroo Cooperative Aboriginal Corporation, NSWNMA and HSU NSW Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Illaroo Co-operative Aboriginal Corporation (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving 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 the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Illaroo Co-operative Aboriginal Corporation, the NSW Nurses and Midwives' Association (NSWNMA), and the Health Services Union NSW (HSU NSW). The matter was brought before the Fair Work Commission to seek approval for their 2023 Enterprise Agreement. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009 and its associated regulations, specifically concerning the terms and conditions of employment for the employees represented by the unions.

The legal issues before the Commission included the adequacy of the agreement in providing fair and reasonable terms for the employees, the compliance of the agreement with minimum entitlements as set out in the National Employment Standards, and whether the agreement appropriately balanced the interests of both the employer and the employees. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it met the requirements for good faith bargaining.

In delivering its decision, the Commission carefully reviewed the provisions of the Enterprise Agreement against the statutory framework provided by the Fair Work Act. It examined the negotiation process and the substantive terms of the agreement, ensuring that it provided fair and reasonable outcomes for the employees. The Commission found that the agreement was fair and reasonable, as it adequately covered the minimum entitlements and provided for fair terms and conditions of employment. It was also satisfied that the agreement had been genuinely negotiated in good faith and met all legal requirements. Consequently, the Commission approved the 2023 Enterprise Agreement between the Illaroo Co-operative Aboriginal Corporation, NSWNMA, and HSU NSW.

Illaroo Co-operative Aboriginal Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established