Maari Ma Health Aboriginal Corporation t/a Maari Ma Health
[2024] FWCA 3682
•23 OCTOBER 2024
| [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
<AE526475 PR780506>
Annexure A
0
0
0