DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Lincoln Aboriginal Health Service Inc
(AG2017/1110)

PORT LINCOLN ABORIGINAL HEALTH SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2016

Indigenous organisations and services
COMMISSIONER SAUNDERS	NEWCASTLE, 8 JUNE 2017

Application for approval of the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Port Lincoln Aboriginal Health Service 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 Health Services Union of Australia and Australian Nursing and Midwifery Federation 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 these organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Port Lincoln Aboriginal Health Service Inc (Plaintiff) sought approval for the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2016 from the Fair Work Commission (Defendant). The agreement was intended to govern employment conditions for certain employees. The matter was heard and determined by the Fair Work Commission, presided over by Deputy President J G Scanlan. The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for the "better off overall test" and whether it included all the mandatory terms required by the Act.

The court examined the provisions of the agreement to determine if it satisfied the "better off overall test". This test ensures that employees are not disadvantaged by the agreement compared to their previous conditions. The court also assessed whether the agreement contained all mandatory terms as specified by the Fair Work Act. The court noted that the agreement provided for certain conditions, including minimum wages, leave entitlements, and other benefits. The court concluded that the agreement met the "better off overall test" and contained all mandatory terms, and therefore approved the agreement.

In approving the Port Lincoln Aboriginal Health Service Employees Enterprise Agreement 2016, the court found that it provided fair and reasonable terms for employees and complied with the statutory requirements. The court's decision was based on a detailed analysis of the agreement's provisions and the statutory obligations under the Fair Work Act. The court's approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by a legally binding and fair agreement.

Port Lincoln Aboriginal Health Service Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established