DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urapuntja Health Service Aboriginal Corporation
(AG2015/3129)

URAPUNTJA HEALTH SERVICE NURSES ENTERPRISE AGREEMENT 2015 - 2018

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 30 JUNE 2015

Application for approval of the Urapuntja Health Service Nurses Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Urapuntja Health Service Nurses Enterprise Agreement 2015 – 2018 (“the Agreement”). The application has been made by Urapuntja Health Service Aboriginal Corporation (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Australian Nursing and Midwifery Federation Northern Territory Branch concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Urapuntja Health Service Aboriginal Corporation, which sought approval of the Urapuntja Health Service Nurses Enterprise Agreement 2015 - 2018. The corporation sought to have the agreement, which it had negotiated with the union, certified as meeting the requirements of the Fair Work Act 2009. The union opposed the application on the basis that the agreement did not appropriately reflect the needs of the employees and contained provisions that were unfair and unreasonable.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act. This involved examining whether the agreement was a genuine enterprise agreement, whether it was appropriately negotiated, and whether it contained unfair or unreasonable terms. The Commission also needed to consider whether the agreement provided for adequate pay and conditions for the employees, and whether it complied with the relevant provisions of the Fair Work Act.

In considering these issues, the Commission examined the evidence and submissions presented by both parties. It found that the agreement was a genuine enterprise agreement, that it had been negotiated in good faith, and that it provided for appropriate pay and conditions for the employees. The Commission also determined that the provisions of the agreement that the union had objected to were not unfair or unreasonable, and that they were necessary to ensure that the health service could operate effectively. Accordingly, the Commission approved the agreement as meeting the requirements of the Fair Work Act.

The Commission's decision was that the Urapuntja Health Service Nurses Enterprise Agreement 2015 - 2018 was approved as a registered agreement under the Fair Work Act. This decision provides certainty for both the Urapuntja Health Service Aboriginal Corporation and the union, and ensures that the employees covered by the agreement have appropriate protections and entitlements.

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