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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Maari Ma Health Aboriginal Corporation, trading as Maari Ma Health, applied to the Fair Work Commission for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2021. The Fair Work Commission was required to determine whether the agreement was in the public interest and met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for appropriate employee protections, including minimum wages and conditions, and whether it was negotiated in good faith and met the requirements for an Aboriginal Corporation Enterprise Agreement.

The Commission considered the nature and purpose of the agreement, the bargaining process, and the terms and conditions of the agreement. The Commission found that the agreement provided for appropriate employee protections, including minimum wages and conditions, and that it was negotiated in good faith. The Commission also found that the agreement met the requirements for an Aboriginal Corporation Enterprise Agreement, including the requirement for the agreement to be in the public interest. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions for employees and was in the public interest.

The Fair Work Commission approved the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2021. The agreement provides for minimum wages and conditions for employees, as well as other terms and conditions of employment. The Commission found that the agreement was negotiated in good faith and met the requirements for an Aboriginal Corporation Enterprise Agreement. The approval of the agreement ensures that employees of Maari Ma Health Aboriginal Corporation receive fair and reasonable terms and conditions of employment.

Maari Ma Health Aboriginal Corporation T/A Maari Ma Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established