Mala’la Health Service Aboriginal Corporation

[2019] FWCA 8653

[2019] FWCA 8653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mala’la Health Service Aboriginal Corporation
(AG2019/4134)

MALA’LA HEALTH SERVICE ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2019 – 2023

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2019

Application for approval of the Mala'la Health Service Aboriginal Corporation Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Mala’la Health Service Aboriginal Corporation (the Applicant) for approval of the Mala'la Health Service Aboriginal Corporation Enterprise Agreement 2019 - 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 22 November 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and signed undertakings addressing the concerns raised, on 6 December 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation NT Branch (ANMF) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the ANMF.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 19 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506591  PR715525>

Attachment A