Umoona Tjutagku Health Service Aboriginal Corporation

[2019] FWCA 3000

[2019] FWCA 3000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Umoona Tjutagku Health Service Aboriginal Corporation
(AG2018/5992)

UMOONA TJUTAGKU HEALTH SERVICE ABORIGINAL CORPORATION EMPLOYEES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MAY 2019

Application for approval of the Umoona Tjutagku Health Service Aboriginal Corporation Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Umoona Tjutagku Health Service Aboriginal Corporation Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Umoona Tjutagku Health Service Aboriginal Corporation. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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.

[4] I note that Clauses 4.6.7, 7.2.2, 7.3.5, 7.5.2, 7.5.4, 7.5.11 and 7.5.12 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause contained in the undertaking dated 23 April 2019, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained clause numbering errors with respect to Clauses 3.2.9, 4.4.3, 4.6.4, 4.6.7, 5.1, 7.5.6, 7.5.7, 7.5.12, 7.5.13, 7.5.17, 52.5.3, 52.5.4, 52.5.5 and 52.5.6. On 26 April 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Health Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A