Katherine West Aboriginal Health Board

[2022] FWCA 3495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Katherine West Aboriginal Health Board

(AG2022/3708)

Jirntangku Miyrta Enterprise Agreement 2021 - 2024

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 10 OCTOBER 2022

Application for approval of the Jirntangku Miyrta Enterprise Agreement 2021 - 2024

An application has been made for approval of an enterprise agreement known as the Jirntangku Miyrta Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Katherine West Aboriginal Health Board (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the ANMF and UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Katherine West Aboriginal Health Board (KWAHB) and the Jirntangku Miyrta Enterprise Agreement 2021-2024. The dispute centred around the application for the approval of the Enterprise Agreement. The case was heard in the Fair Work Commission. The legal issues before the Commission included whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009 and if the agreement met the necessary procedural requirements for approval.

The Fair Work Commission examined whether the agreement was appropriately formed, if it was free from any improper influences, and if the bargaining process adhered to the principles of good faith and mutual benefit. The Commission also assessed whether the agreement provided fair and reasonable terms and conditions for the employees and if it was consistent with the principles of the National Employment Standards and other relevant awards. The Commission's reasoning involved a detailed analysis of the bargaining process, the terms of the agreement, and the evidence provided by both parties. Ultimately, the Commission determined that the Enterprise Agreement was compliant with the Fair Work Act and met the necessary requirements for approval.

The agreement was found to be fairly negotiated and to provide reasonable terms and conditions for the employees. The Commission approved the agreement, highlighting the importance of the parties working collaboratively to achieve a fair outcome. The final orders included the approval of the Jirntangku Miyrta Enterprise Agreement 2021-2024, with the understanding that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established