Katherine West Health Board Aboriginal Corporation

[2025] FWCA 2831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Katherine West Health Board Aboriginal Corporation

(AG2025/2289)

JIRNTANGKU MIYRTA ENTERPRISE AGREEMENT 2024 - 2028

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 25 AUGUST 2025

Application for approval of the Jirntangku Miyrta Enterprise Agreement 2024 - 2028

Katherine West Health Board Aboriginal Corporation (the Employer) has applied for approval of an enterprise agreement known as the Jirntangku Miyrta Enterprise Agreement 2024 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 12 June 2024 and the Agreement was made on 3 July 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) and the Australian Nursing and Midwifery Federation (ANMF) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The UWU and the ANMF, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU and the ANMF.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2025. The nominal expiry date of the Agreement is 30 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

The case involved the Katherine West Health Board Aboriginal Corporation, which sought approval for the Jirntangku Miyrta Enterprise Agreement 2024 - 2028. The matter was heard in the Federal Circuit and Family Court of Australia. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with relevant industrial laws and met the requirements for approval.

The court was required to determine whether the agreement adequately covered all the mandatory subjects specified under the Fair Work Act 2009, including minimum wages, maximum weekly hours, and other employment conditions. The court also had to consider if the agreement was made in good faith and whether the process followed was fair and appropriate. The court needed to assess whether the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

The court reviewed the application and the agreement, noting the submissions from both the employer and the employees. It found that the proposed agreement included all mandatory subjects and was made in good faith. The process followed was deemed fair, and the terms of the agreement were found to be reasonable and in the best interests of the employees. The court approved the agreement, highlighting the importance of the enterprise bargaining process in ensuring fair and equitable employment conditions. The final order was that the Jirntangku Miyrta Enterprise Agreement 2024 - 2028 was approved and could be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established