Pika Wiya Health Service Aboriginal Corporation

[2013] FWCA 6336

FAIR WORK COMMISSION

DECISION

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

Pika Wiya Health Service Aboriginal Corporation
(AG2013/8670)

PIKA WIYA HEALTH SERVICE ABORIGINAL CORPORATION EMPLOYEES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 29 AUGUST 2013

Application for approval of the Pika Wiya Health Service Aboriginal Corporation Employees Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pika Wiya Health Service Aboriginal Corporation Employees Enterprise Agreement 2012 (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 Health Services Union of Australia – 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 5 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Pika Wiya Health Service Aboriginal Corporation, an employer, and a union representing the employees, who sought approval for the Employees Enterprise Agreement 2012. The union argued that the agreement should be approved as it met the criteria under the Fair Work Act. The employer opposed the approval, contending that the agreement did not comply with certain legislative requirements.

The primary legal issues the court had to address were whether the agreement satisfied the statutory prerequisites for approval, including whether it contained the minimum terms and conditions as stipulated by the Fair Work Act, and if it was made in good faith and without coercion. Additionally, the court needed to examine if the agreement complied with the procedural requirements and if any terms contravened the Act or public policy.

In its decision, the Fair Work Commission held that the Employees Enterprise Agreement 2012 complied with the necessary statutory provisions. The court found that the agreement included the minimum terms and conditions and was made without any unfair practices. The Commission also determined that the procedural steps were correctly followed, and no terms were found to be in breach of the Act or public policy. As a result, the agreement was approved.

The final orders of the court mandated that the Pika Wiya Health Service Aboriginal Corporation implement the approved agreement, which would now bind the employees and the employer. The union and the employer were directed to adhere to the terms of the agreement, which would govern the employment conditions of the affected workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established