DECISION

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

Indigo North Health Inc
(AG2018/363)

INDIGO NORTH HEALTH AND DARLINGFORD UPPER GOULBURN MULTI-ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2018

Application for approval of the Indigo North Health and Darlingford Upper Goulburn Multi-Enterprise Agreement 2017-2020.

[1] An application has been made for approval of a multi-enterprise agreement known as the Indigo North Health and Darlingford Upper Goulburn Multi-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 Indigo North Health Inc. The Agreement is a multi-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] The Health Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2020. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Indigo North Health Inc applied for approval of the Indigo North Health and Darlingford Upper Goulburn Multi-Enterprise Agreement 2017-2020. The application was made under section 234 of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval under the Act.

The legal issues before the Commission included whether the agreement had been made in the course of genuine enterprise bargaining and whether it was a good faith, streamlined, and efficient way to determine the terms and conditions of employment. The Commission also had to consider whether the agreement met the requirements of the Act, including the provision of a safety net for employees, and whether it was consistent with the national minimum standards.

The Commission found that the agreement had been made in the course of genuine enterprise bargaining and that it was a good faith, streamlined, and efficient way to determine the terms and conditions of employment. The agreement met the requirements of the Act and provided a safety net for employees. The Commission approved the agreement and made it a registered agreement under section 179 of the Fair Work Act 2009. The parties to the agreement were bound by its terms and conditions.

Indigo North Health Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established