Mala'La Health Service Aboriginal Corporation

[2024] FWCA 3798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mala’La Health Service Aboriginal Corporation

(AG2024/3591)

MALA’LA HEALTH SERVICE ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2024-2027

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 30 OCTOBER 2024

Application for approval of the Mala’la Health Service Aboriginal Corporation Enterprise Agreement 2024-2027

Mala’la Health Service Aboriginal Corporation (the Employer) has applied for approval of an enterprise agreement known as the Mala’la Health Service Aboriginal Corporation Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 August 2023 and the Agreement was made on 29 August 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Nursing and Midwifery Federation (ANMF), the United Workers’ Union (UWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The ANMF and the UWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF and the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 30 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Mala'La Health Service Aboriginal Corporation and its employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement for the years 2024 to 2027. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with assessing whether the agreement met the requirements for approval.

The primary legal issues the Commission considered included whether the agreement provided for a direct, clear, and specific process for resolving enterprise disputes, and whether it met the requirements of good faith bargaining. Additionally, the Commission examined whether the agreement contained all the mandated minimum terms and conditions, and if it was consistent with the statutory framework for enterprise agreements under Australian labour law.

In reaching its decision, the Commission highlighted that the agreement provided a clear and direct process for resolving disputes, meeting the statutory requirement. It was also determined that the agreement demonstrated good faith bargaining, as it had been negotiated between the parties in an environment free from coercion, duress, or any other unfair practices. The Commission further found that all mandated minimum terms and conditions were included in the agreement, and it was compliant with the relevant statutory provisions. Given these findings, the Commission approved the agreement, noting its overall fairness and compliance with the legal standards.

The Fair Work Commission approved the Mala’La Health Service Aboriginal Corporation Enterprise Agreement 2024-2027, effective from 1 April 2024. The decision ensures that the agreement will govern the terms and conditions of employment for the specified period, providing a legally binding framework for the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established