Nunkuwarrin Yunti of South Australia Inc

[2018] FWCA 1027

[2018] FWCA 1027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nunkuwarrin Yunti of South Australia Inc
(AG2017/5744)

NUNKUWARRIN YUNTI OF SOUTH AUSTRALIA INC ENTERPRISE AGREEMENT 2017

Indigenous organisations and services
COMMISSIONER SAUNDERS	NEWCASTLE, 16 FEBRUARY 2018

Application for approval of the Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nunkuwarrin Yunti of South Australia Inc 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 Nunkuwarrin Yunti of South Australia Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A