National Aboriginal and Torres Strait Islander Health Worker Association Summary

[2014] FWCA 5343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Aboriginal and Torres Strait Islander Health Worker Association
(AG2014/1653)

NATIONAL ABORIGINAL AND TORRES STRAIT ISLANDER HEALTH WORKER ASSOCIATION ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2014.

[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 2014 (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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 29 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Employee Relations Specialist, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Aboriginal and Torres Strait Islander Health Worker Association sought approval for the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2014. The Australian Health Services Union and the Australian Nursing and Midwifery Federation intervened in the application. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the good faith bargaining provisions, and whether it provided for a fair and reasonable safety net for employees.

The Commission found that the agreement was the product of good faith bargaining, as it had been negotiated in an atmosphere free from coercion, undue influence, and reprisal. The parties had engaged in meaningful discussions and made genuine efforts to reach an agreement. The Commission also found that the agreement provided for a fair and reasonable safety net for employees, as it provided for minimum wages and conditions that were consistent with the principles of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits, including salary increases, improved leave provisions, and better access to training and development opportunities.

The Fair Work Commission approved the agreement, subject to certain modifications. The modifications related to the calculation of penalty rates and the application of certain provisions to employees who were not covered by the agreement. The Commission found that these modifications were necessary to ensure that the agreement complied with the statutory requirements for approval. The Commission also noted that the modifications did not undermine the overall fairness and reasonableness of the agreement.

The Fair Work Commission approved the National Aboriginal and Torres Strait Islander Health Worker Association Enterprise Agreement 2014, subject to certain modifications. The modifications related to the calculation of penalty rates and the application of certain provisions to employees who were not covered by the agreement. The Commission found that these modifications were necessary to ensure that the agreement complied with the statutory requirements for approval.

National Aboriginal and Torres Strait Islander Health Worker Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established