Miwatj Health Aboriginal Corporation Trading AS Miwatj Health Aboriginal Corporation96 843 428 729

[2025] FWCA 1267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Miwatj Health Aboriginal Corporation Trading AS Miwatj Health Aboriginal Corporation96 843 428 729

(AG2025/812)

MIWATJ HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 16 APRIL 2025

Application for approval of the Miwatj Health Aboriginal Corporation Enterprise Agreement 2024

Miwatj Health Aboriginal Corporation (Employer) has made an application for approval of an enterprise agreement known as the Miwatj Health Aboriginal Corporation Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 13.6(b), 13.7, and 13.15 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ANMF and the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 April 2025. The nominal expiry date of the Agreement is 16 April 2029.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Miwatj Health Aboriginal Corporation Trading as Miwatj Health Aboriginal Corporation, which applied for the approval of its Enterprise Agreement for 2024. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and if it was in the best interests of the employees. The applicants, who were represented by legal counsel, argued that the proposed agreement was fair and reasonable, considering the unique circumstances of the organisation and its workforce.

The legal issues before the Commission were primarily focused on whether the agreement complied with the Fair Work Act 2009 and whether it was procedurally and substantively fair. This included an examination of the agreement's provisions on wages, hours of work, leave, and other employment conditions. Additionally, the Commission had to consider if the agreement had been genuinely bargained and if it provided appropriate protections for employees.

In delivering its decision, the Commission found that the proposed agreement met the necessary statutory criteria. The Commission noted that the agreement contained provisions that were fair and reasonable, considering the specific needs of the organisation and its workforce. The agreement included provisions for wage increases, leave entitlements, and other employment conditions that were deemed appropriate. The Commission was satisfied that the agreement had been genuinely bargained and provided adequate protections for employees. Therefore, the application for approval of the agreement was successful.

The Commission approved the Miwatj Health Aboriginal Corporation Enterprise Agreement 2024, recognising it as a fair and reasonable agreement that met the requirements of the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees of Miwatj Health Aboriginal Corporation are governed by the provisions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established