Maari Ma Health Aboriginal Corporation T/A Maari Ma Health

[2021] FWCA 2282

[2021] FWCA 2282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maari Ma Health Aboriginal Corporation T/A Maari Ma Health
(AG2021/4441)

MAARI MA HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 26 APRIL 2021

Application for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2021 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] The Notice of Employee Representational Rights incorrectly references the title of the Agreement as the “Maari Ma Health Aboriginal Corporation Enterprise Agreement 2020”. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A