Maari Ma Health Aboriginal Corporation T/A Maari Ma Summary

[2014] FWCA 6481

The attached document replaces the document previously issued with the above code on 16 September 2014.

The Word “Enterprise” has been added before the word “Agreement” in the subject line and in paragraph [1].

Sophie Baartz

Associate to Deputy President Booth

Dated 18 September 2014.

[2014] FWCA 6481

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
(AG2014/1758)

MAARI MA HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2014.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Maari Ma Health Aboriginal Corporation Enterprise Agreement 2014 (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. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Bob Davis, Chief Executive Officer, Maari Ma Health Aboriginal Corporation. The written undertaking concerning Schedule 1 and Schedule 5 will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached to this decision.

[3] The Health Services Union New South Wales Branch, the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Maari Ma Health Aboriginal Corporation T/A Maari Ma and its employees. The primary dispute was the application for the approval of the Enterprise Agreement 2014. This agreement was intended to regulate the terms and conditions of employment for the employees of the corporation. The matter was heard and decided by the Fair Work Commission, which has jurisdiction over employment and workplace relations matters in Australia.

The central legal issues that the Commission had to address were whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it was free from any improper influence or interference, and if it provided for the proper registration of employees. Additionally, the Commission had to ensure that the agreement was compliant with the provisions of the Act and did not undermine the rights of employees under the law.

In reaching its decision, the Commission carefully examined the process through which the agreement was negotiated and the content of the agreement itself. It was noted that the negotiation process was conducted in good faith and without any undue influence. The Commission also found that the agreement provided for the fair treatment of employees and was consistent with the broader principles of the Fair Work Act. Given these findings, the Commission approved the application for the agreement, recognising it as a valid and legally binding enterprise agreement under the Act.

As a result of the Commission's approval, the Enterprise Agreement 2014 for the Maari Ma Health Aboriginal Corporation T/A Maari Ma was officially recognised, providing a framework for the employment conditions of the corporation's employees. This decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and comply with the statutory requirements to protect the rights of both employers and employees.

Maari Ma Health Aboriginal Corporation T/A Maari Ma

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established