Nunkuwarrin Yunti of South Australia Incorporated

[2023] FWCA 2355

[2023] FWCA 2355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nunkuwarrin Yunti of South Australia Incorporated

(AG2023/2365)

NUNKUWARRIN YUNTI OF SOUTH AUSTRALIA INC ENTERPRISE AGREEMENT 2023

Indigenous organisations and services
COMMISSIONER PLATT	ADELAIDE, 28 JULY 2023

Application for approval of the Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Nunkuwarrin Yunti of South Australia Inc Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nunkuwarrin Yunti of South Australia Incorporated (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 24 July 2023.

1. The Applicant has submitted an undertaking in the required form dated 27 July 2023. The undertaking deals with the following topic:

·  Despite Schedule 1, the Corporate Services Level 1.1 salary in 2023/24 will be $49,147.27 (not $48,147.27).

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation South Australian Branch, Australian Municipal, Administrative, Clerical and Services Union South Australian and Northern Territory Branch and Health Services Union SA/NT  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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

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