Sunrise Health Service Aboriginal Corporation

[2020] FWCA 2240

[2020] FWCA 2240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunrise Health Service Aboriginal Corporation
(AG2019/4948)

SUNRISE HEALTH SERVICE ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2019 – 2022

Indigenous organisations and services
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 APRIL 2020

Application for the approval of the Sunrise Health Service Aboriginal Corporation Enterprise Agreement 2019-2022.

[1] Sunrise Health Service Aboriginal Corporation (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as Sunrise Health Service Aboriginal Corporation Enterprise Agreement 2019 – 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Australian Nursing and Midwifery Federation - Northern Territory Branch (ANMF NT) and the United Workers Union (UWU) are bargaining representatives for the Agreement. The ANMF set out a number of concerns in relation to the Agreement in a Form F18 - Declaration of employee organisation in relation to an application for approval of enterprise agreement.

[3] Correspondence was sent to the Applicant and bargaining representatives, raising concerns the Commission held in relation to the operation of certain clauses, whether the Agreement was consistent with the National Employment Standards (NES) and whether the Agreement passes the better off overall test (BOOT). The Applicant was also requested to respond to the concerns raised by the ANMF NT.

[4] The Applicant filed submissions and undertakings addressing the concerns raised. The views of the bargaining representatives were sought in relation to the undertakings. The views of the ANMF NT are reflected in various iterations of the undertakings and the ANMF NT has indicated that it accepts that the undertakings address the concerns raised. No response in relation to the proposed undertakings was received from the UWU. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[5] The Agreement does not contain a flexibility term that is consistent with the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The ANMF and UWU 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.

[7] The Agreement is approved in accordance with s.54 of the Act and will operate from 6 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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