DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urapuntja Health Service Aboriginal Corporation
(AG2018/6925)

URAPUNTJA HEALTH SERVICE ENTERPRISE AGREEMENT 2018 - 2022

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 8 JULY 2019

Application for approval of the Urapuntja Health Service Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Urapuntja Health Service Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Urapuntja 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2019. The nominal expiry date of the Agreement is 7 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Urapuntja Health Service Aboriginal Corporation, acting on behalf of its employees, applied to the Fair Work Commission for approval of the Urapuntja Health Service Enterprise Agreement 2018 - 2022. The respondents included various employer associations and the Australian Government. The dispute centred around whether the terms of the proposed agreement complied with the Fair Work Act 2009 and the principles of good faith bargaining. The Fair Work Commission was tasked with determining whether the agreement should be approved or rejected, based on the compliance with the relevant legislative and common law principles.

The legal issues before the Commission included whether the terms of the agreement were consistent with the minimum entitlements prescribed by the National Employment Standards, and whether there was evidence of genuine attempts at bargaining in good faith. The Commission also considered whether the agreement contained terms that were otherwise inconsistent with the public interest or contrary to the spirit of the Act. The central issue was whether the agreement provided fair and reasonable terms for the employees and did not unfairly disadvantage any party.

In delivering its decision, the Fair Work Commission noted that the agreement generally complied with the legislative requirements and provided fair terms for both the employees and the employer. The Commission found that the bargaining process was conducted in good faith, and the terms of the agreement were consistent with the principles of the Act. The Commission approved the agreement, subject to certain minor modifications to ensure full compliance with the minimum entitlements under the National Employment Standards. The final orders included the approval of the agreement with the specified modifications, and the agreement was to be registered with the Fair Work Commission.

This decision highlights the importance of ensuring that enterprise agreements are fair, reasonable, and in compliance with the statutory requirements. The Fair Work Commission's decision to approve the agreement, while making necessary modifications, reflects its role in balancing the interests of both employers and employees within the framework of the Fair Work Act 2009.

Urapuntja 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