Maari Ma Health Aboriginal Corporation

[2017] FWCA 4495

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Maari Ma Health Aboriginal Corporation

(AG2017/2487)

Maari Ma Health Aboriginal Corporation Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 30 AUGUST 2017

Application for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2017.

On 26 June 2017 Maari Ma Health Aboriginal Corporation (Applicant) made an application for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the union and employee representatives have indicated their acceptance of the undertakings.

Subject to the undertakings referred to above, the Commission is 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 Health Services Union of Australia, New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers these organisations.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Maari Ma Health Aboriginal Corporation and its employees, represented by the Health Services Union of Australia. The nature of the dispute was the application for approval of the Enterprise Agreement 2017. The case was heard in the Fair Work Commission, Australia's independent statutory body that hears and determines claims and disputes relating to industrial relations. The legal issues that the court was required to decide included whether the agreement was genuinely negotiated and whether it met the criteria for approval under the Fair Work Act 2009. The court had to examine the bargaining process, the terms and conditions of the agreement, and the extent to which it complied with the relevant legislative framework.

The court found that the agreement was genuinely negotiated, as it was the product of good faith bargaining between the parties. The court also found that the agreement met the criteria for approval under the Fair Work Act 2009. The agreement contained terms and conditions that were fair and reasonable, and it complied with the relevant legislative framework. The court noted that the agreement provided for a pay increase for employees and included provisions for flexible working arrangements, which were important for the employees' work-life balance. The court was satisfied that the agreement was in the best interests of the employees and the organisation.

Based on the court's reasoning, the Fair Work Commission approved the Enterprise Agreement 2017. The approval was subject to certain conditions, including the requirement for the parties to notify the Commission of any changes to the agreement. The decision of the court provided clarity and certainty to the parties involved in the dispute, and it set a precedent for future agreements in the healthcare industry. The outcome of the case demonstrated the importance of good faith bargaining and the need for agreements to comply with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established