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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Nunkuwarrin Yunti of South Australia Inc was heard in the Fair Work Commission, where the primary issue was the application for approval of the Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2017. This agreement was intended to regulate the employment terms and conditions of employees within the organisation. The application was brought forth by the employer, who sought to have the agreement ratified, while the union representing the employees contested the terms proposed in the agreement.

The legal issues before the Commission revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including provisions concerning the process of bargaining, the content of the agreement, and its compliance with the "better off overall test". This test ensures that employees are not disadvantaged by the agreement when compared to their previous conditions of employment. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions that were in line with industry standards and practices.

In examining the agreement, the Commission assessed the submissions from both the employer and the union, taking into account the evidence provided regarding the bargaining process and the terms and conditions outlined in the agreement. The Commission found that the agreement had been made in good faith and that the process by which it was negotiated complied with the relevant legal requirements. The Commission was also satisfied that the terms of the agreement were fair and reasonable, and that employees would be better off overall under the new agreement when compared to their previous conditions. Consequently, the Commission approved the agreement, thereby resolving the dispute in favour of the employer.

As a result of the Commission's decision, the Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2017 was approved and registered, and the terms and conditions contained within it became legally binding on both the employer and the employees. The union's objections were dismissed, and the agreement was deemed to be in compliance with the relevant provisions of the Fair Work Act 2009.

Nunkuwarrin Yunti of South Australia Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established