Pika Wiya Health Service Aboriginal Corporation Summary

[2013] FWCA 9485

FAIR WORK COMMISSION

DECISION

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

Pika Wiya Health Service Aboriginal Corporation
(AG2013/11580)

PIKA WIYA ABORIGINAL HEALTH SERVICE ABORIGINAL CORPORATION NURSING EMPLOYEES ANMF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 3 DECEMBER 2013

Application for approval of the Pika Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pika Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pika Wiya Health Service Aboriginal Corporation. 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 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2013. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Pika Wiya Health Service Aboriginal Corporation, represented by its authorised officer, applied for the approval of the Pika Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2013. The dispute arose between the employer and the Australian Nursing and Midwifery Federation, which represents the nursing employees. The primary concern was the terms and conditions of employment for the nurses, including pay rates, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the requirements for 'enterprise agreements' as defined in the Act, including whether it was in the best interests of the employees, free from any improper influence or interference, and contained the necessary minimum terms. The Commission also had to ensure that the agreement did not have an adverse effect on the operation of the business.

The Commission found that the proposed agreement was in the best interests of the employees and contained all the required minimum terms. It was determined that the agreement was free from any improper influence or interference, and it did not adversely affect the operation of the business. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the nurses, taking into account the unique circumstances of the Aboriginal health service. The Commission concluded that the agreement was fair and appropriate, and it approved the Pika Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2013.

Pika Wiya Health Service Aboriginal Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established