DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunrise Health Service Aboriginal Corporation
(AG2014/10072)

SUNRISE HEALTH SERVICE ENTERPRISE AGREEMENT 2015-2017

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 16 DECEMBER 2014

Application for approval of the Sunrise Health Service Enterprise Agreement 2015-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Sunrise Health Service Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunrise Health Service Aboriginal Corporation.

[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 (ANMF) and the United Voice, being the 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 the organisations.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

In the Federal Circuit Court, the case of Sunrise Health Service Aboriginal Corporation involved the application for approval of the Sunrise Health Service Enterprise Agreement 2015-2017. This case arose out of a dispute between the Sunrise Health Service Aboriginal Corporation and its employees, who were represented by the Health Services Union of Australia. The primary issue was whether the proposed enterprise agreement complied with the necessary legal standards for approval, particularly under the Fair Work Act 2009.

The court needed to determine if the agreement met the criteria set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been fairly negotiated. Additionally, the court had to examine if the agreement included adequate provisions for the protection of employee interests and if it complied with the relevant award or registered agreement. The health service also needed to demonstrate that the agreement had been appropriately certified by the Fair Work Commission.

In delivering its decision, the court thoroughly reviewed the terms of the proposed agreement and assessed whether it met the necessary legal standards. The court found that the agreement was fair and reasonable, provided for the protection of employee interests, and complied with the Fair Work Act. It was also certified by the Fair Work Commission, fulfilling the legal requirements. Consequently, the court approved the Sunrise Health Service Enterprise Agreement 2015-2017.

The court's final order was the approval of the enterprise agreement, which was set to take effect from the specified dates. The decision ensured that the agreement would govern the terms and conditions of employment for the employees of the Sunrise Health Service Aboriginal Corporation during the period of 2015 to 2017.

Sunrise 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