DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Aboriginal and Torres Strait Islander Health Worker Association T/A NATSIHWA
(AG2020/2915)

NATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER HEALTH WORKER ASSOCIATION ENTERPRISE AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 21 OCTOBER 2020

Application for approval of the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of National Aboriginal and Torres Straight Islander Health Worker Association T/A NATSIHWA however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] NATSIHWA has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, 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.

[5] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 28 October 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Aboriginal and Torres Strait Islander Health Worker Association T/A NATSIHWA submitted an application for the approval of the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2020. The dispute concerned the procedural and substantive fairness of the agreement between the Association and certain employers. The central issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it was fair and reasonable in its terms and conditions.

The court first assessed the procedural fairness of the agreement, focusing on whether the bargaining process was genuine and whether the agreement was made in good faith. The Association argued that the bargaining process was genuine and that the agreement was made in good faith, supported by evidence of negotiations and consultations. The court examined the evidence and found that the bargaining process was indeed genuine and the agreement was made in good faith. The court then turned to the substantive fairness of the agreement, considering whether the terms and conditions were fair and reasonable. The Association argued that the agreement provided for fair and reasonable terms and conditions, including provisions on wages, hours of work, and other employment conditions. The court considered the arguments and evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms and conditions.

The court approved the agreement, finding that it met the requirements for approval under the Fair Work Act 2009 and was fair and reasonable in its terms and conditions. The court emphasised the importance of genuine bargaining and good faith in the enterprise agreement process and noted that the Association had met these requirements. The court also highlighted the need for enterprise agreements to provide for fair and reasonable terms and conditions and found that the agreement in question met this standard. The court approved the agreement, which will now apply to the employees covered by the agreement.

National Aboriginal and Torres Strait Islander Health Worker Association T/A NATSIHWA

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established