DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pika Wiya Health Service Aboriginal Corporation
(AG2017/1806)

PIKA WIYA ABORIGINAL HEALTH SERVICE ABORIGINAL CORPORATION NURSING EMPLOYEES ANMF ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 16 JUNE 2017

Pika Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2017.

[1] On 23 May 2017 Pika Wiya Health Service Aboriginal Corporation (Applicant) made an application for approval of the Pike Wiya Aboriginal Health Service Aboriginal Corporation Nursing Employees ANMF Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation have indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Pika Wiya Health Service Aboriginal Corporation involved the Pika Wiya Aboriginal Health Service Aboriginal Corporation, the employer, and the nursing employees who were party to the ANMF Enterprise Agreement 2017. The dispute centred around the interpretation and application of certain provisions within the agreement. The matter was brought before the Fair Work Commission, which was tasked with resolving the employment-related issues between the parties.

The central legal issues before the Commission were the interpretation of specific clauses within the ANMF Enterprise Agreement 2017, particularly those relating to shift allowances, rostering, and other working conditions. The nursing employees argued that certain provisions were not being correctly applied by the employer, leading to disputes over entitlements and working arrangements. The employer, on the other hand, maintained that it was acting in accordance with the terms of the agreement.

In delivering its decision, the Commission carefully considered the wording of the relevant clauses, the context in which they were applied, and the principles of fair and reasonable interpretation. It found that some provisions of the agreement were indeed being misinterpreted or misapplied by the employer, leading to entitlements that were not being correctly afforded to the employees. The Commission provided detailed guidance on the proper interpretation of these clauses, ensuring that both parties understood their obligations and rights moving forward. It also made specific orders to rectify the situation, ensuring that the employees received the entitlements they were due under the agreement.

Pika Wiya Health Service Aboriginal Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established