Maari Ma Health Aboriginal Corporation t/a Maari Ma Health

[2024] FWCA 3682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Maari Ma Health Aboriginal Corporation t/a Maari Ma Health

(AG2024/3532)

MAARI MA HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 23 OCTOBER 2024

Application for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maari Ma Health Aboriginal Corporation t/a Maari Ma Health (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has indicated their acceptance of the undertakings provided. 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

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 10.1 of the Agreement provides that where there is an inconsistency between this agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

I note that Agreement at Clause 68 contains a workplace delegates’ rights term that is no less favourable than the delegates’ rights term in the relevant modern award.

The ANMF and the Health Service Union NSW / ACT / QLD (HSU) lodged Form F18 statutory declarations 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 the Agreement covers the ANMF and the HSU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Maari Ma Health Aboriginal Corporation, trading as Maari Ma Health, and its employees, with the Fair Work Commission (FWC) adjudicating on the application for approval of their enterprise agreement for 2023. The dispute centred on the procedural fairness and content of the agreement, which was crucial for setting terms and conditions of employment for the employees.

The primary legal issues before the Commission were whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it complied with the procedural fairness principles. Specifically, the Commission needed to determine whether the agreement was genuinely negotiated and whether there were any breaches in the process that led to the agreement's formation. The Commission also had to ensure that the agreement met the minimum standards set by the Act, including the provisions related to wages, hours of work, and other employment conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and met the legal requirements. It was satisfied with the process that led to the agreement, noting that the corporation had acted in good faith and provided sufficient information to the employees. The Commission also determined that the agreement complied with the minimum standards and did not disadvantage any employee. Consequently, the Commission approved the enterprise agreement, ensuring that it would be binding on the parties from the specified date.

No further orders were required as the Commission's approval of the agreement effectively resolved the dispute. The decision confirmed that the enterprise agreement would govern the employment conditions for the employees of Maari Ma Health Aboriginal Corporation, providing clarity and certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established