DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Katherine West Health Board Aboriginal Corporation
(AG2015/262)

JIRNTANGKU MIYRTA ENTERPRISE AGREEMENT 2015 - 2017

Northern Territory
VICE PRESIDENT CATANZARITI	SYDNEY, 12 MARCH 2015

Application for approval of the Jirntangku Miyrta Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jirntangku Miyrta Enterprise Agreement 2015 - 2017 (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 Health Board Aboriginal Corporation. The agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation and United Voice, 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), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 30 September 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Katherine West Health Board Aboriginal Corporation, sought approval of the Jirntangku Miyrta Enterprise Agreement 2015 - 2017. The matter was heard in the Fair Work Commission. The applicant argued that the agreement met the necessary criteria for approval and was fair and reasonable in all its terms.

The Commission was required to consider whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The applicant needed to demonstrate that the agreement was not contrary to public policy and that it was appropriate for the employees' needs and circumstances. The Commission also had to consider the views of the employees and whether they were adequately represented in the bargaining process.

The Commission found that the agreement met the necessary criteria and was fair and reasonable. The applicant had demonstrated that the agreement was not contrary to public policy and was appropriate for the employees' needs and circumstances. The Commission was satisfied that the employees were adequately represented in the bargaining process and that their views had been considered in the making of the agreement. The Commission approved the agreement, finding that it was in the best interests of the employees.

The Commission made an order approving the Jirntangku Miyrta Enterprise Agreement 2015 - 2017. The order was made on the basis that the agreement met the necessary criteria for approval and was fair and reasonable in all its terms. The order also noted that the agreement was in the best interests of the employees and was not contrary to public policy.

Katherine West Health Board 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