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

Attachment A

CaseChat Overview and Summary

The Fair Work Commission, in the matter of the Mala'la Health Service Aboriginal Corporation, heard an application for the approval of the Enterprise Agreement between the corporation and its employees, effective from 2019 to 2023. The Mala'la Health Service Aboriginal Corporation, an employer operating within the Aboriginal health sector, sought to formalise its employment terms and conditions through this agreement, which was intended to govern the working relationship between the corporation and its staff.

The primary legal issues before the Commission involved the compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the statutory requirements for fair and reasonable terms, including whether it provided for minimum entitlements as set out by the Fair Work Act, and whether it allowed for fair and reasonable terms that were not inconsistent with any award or registered agreement. Furthermore, the Commission had to assess if the agreement provided for genuine consultation and participation in the agreement-making process by employees.

The Commission, in its decision, found that the proposed agreement met the criteria for approval. It noted that the agreement provided for minimum entitlements as required by the Fair Work Act, and it did not include terms that were inconsistent with any relevant awards or registered agreements. The Commission also determined that there had been genuine consultation and participation in the agreement-making process, as evidenced by the processes undertaken by the corporation. Consequently, the Commission approved the Mala'la Health Service Aboriginal Corporation Enterprise Agreement 2019 - 2023, finding it to be fair and reasonable. The approval was effective from the date of the decision, ensuring the agreement would govern the employment terms and conditions as intended.

Mala’la Health Service Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established