DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Aboriginal and Torres Strait Islander Health Worker Association (NATSIHWA)
(AG2018/1397)

NATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER HEALTH WORKER ASSOCIATION ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Aboriginal and Torres Strait Islander Health Worker Association (NATSIHWA). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[3] 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.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Aboriginal and Torres Strait Islander Health Worker Association sought approval for their Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred on the application for the approval of the proposed agreement, which aimed to establish the terms and conditions of employment for health workers within the association. The Commission, responsible for overseeing the approval process of such agreements, was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and met the necessary standards for fairness and reasonableness.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable, in accordance with the criteria set out in the Fair Work Act. This required an examination of the terms and conditions of employment, the rights and obligations of the parties, and the overall fairness of the agreement. The Commission had to ensure that the agreement did not unfairly disadvantage any party, that it was consistent with the principles of the Act, and that it promoted harmonious, productive, and cooperative workplace relationships.

In considering the application, the Commission evaluated the submissions from both the association and the employees. The association argued that the agreement provided for fair and reasonable terms and conditions, while the employees contended that certain provisions were unfair. After reviewing the evidence and arguments presented, the Commission found that the proposed agreement met the criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, was consistent with the principles of the Act, and promoted harmonious, productive, and cooperative workplace relationships.

The Fair Work Commission approved the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2017, thereby resolving the dispute. The approved agreement now serves as the terms and conditions of employment for health workers within the association. This decision reinforces the importance of ensuring that enterprise agreements are fair, reasonable, and consistent with the principles of the Fair Work Act, while promoting positive workplace relationships.

National Aboriginal and Torres Strait Islander Health Worker Association (NATSIHWA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established