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

[2025] FWCA 1267

[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

1. 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

1. 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

1. 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

1. 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

1. 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.

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

Approval

1. 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.

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