DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nganampa Health Council Inc
(AG2015/7616)

NGANAMPA HEALTH COUNCIL INC AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER ROE	MELBOURNE, 11 JANUARY 2016

Application for approval of the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nganampa Health Council Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 January 2016 and, in accordance with s.54, will operate from 18 January 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Nganampa Health Council Inc, an applicant, applied for the approval of the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2016. The applicant is an Aboriginal Corporation based in Central Australia and provides health services, including aged care, to Aboriginal communities. The dispute involves the terms and conditions of employment for aged care employees under the proposed enterprise agreement.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the Commission needed to determine whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it complied with the "better off overall test." This test requires that employees be no worse off financially and, in most cases, better off overall than they would be under the applicable award or registered agreement.

The Commission found that the proposed agreement provided for a fair and efficient determination of the employees' terms and conditions. The agreement included provisions that were consistent with the objectives of the Act and provided for a transparent and accountable process for the resolution of workplace issues. Additionally, the Commission concluded that the agreement satisfied the better off overall test, as the majority of employees would be better off financially under the proposed agreement. The Commission took into account the specific circumstances of the workforce and the employer's capacity to pay, and was satisfied that the agreement was fair and reasonable.

As a result, the Fair Work Commission approved the Nganampa Health Council Inc Aged Care Employees Enterprise Agreement 2016. The approved agreement will now govern the terms and conditions of employment for the aged care employees of the Nganampa Health Council Inc, providing a framework for fair and efficient workplace relations in the provision of aged care services to Aboriginal communities in Central Australia.

Nganampa Health Council Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established