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

[2020] FWCA 5600

[2020] FWCA 5600

FAIR WORK COMMISSION

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

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Annexure A