Urapuntja Health Service Aboriginal Corporation Summary

[2024] FWCA 4420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Urapuntja Health Service Aboriginal Corporation

(AG2024/4349)

URAPUNTJA HEALTH SERVICE ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 11 DECEMBER 2024

Application for approval of the Urapuntja Health Service Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Urapuntja Health Service Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

I note that Clause 5.4 of the Agreement provides that to the extent of any inconsistency between the agreement and the National Employment Standards (NES), the terms of the agreement apply only to the extent that the effect of these terms are not detrimental to an employee in any respect when compared to the NES.

The United Workers Union (UWU) and the Australian Nursing and Midwifery Federation NT Branch (ANMF) lodged Form F18 statutory declarations giving 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 the Agreement covers the UWU and the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Urapuntja Health Service Aboriginal Corporation sought approval of their 2024 Enterprise Agreement in a case before the Fair Work Commission. The agreement was designed to set out the terms and conditions of employment for their staff, including wages, working hours, and leave entitlements. The Corporation argued that the agreement provided fair and reasonable terms that reflected the needs of their employees and the operational realities of their health service in a remote area. The application was contested by some employees who felt that the proposed terms did not adequately address certain issues, including pay equity and workload management.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were fair and reasonable, and whether it had been genuinely negotiated between the parties. The Corporation argued that the agreement had been negotiated in good faith and was fair and reasonable given the unique circumstances of providing health services in a remote location. The dissenting employees contended that certain terms did not adequately reflect their needs and were not fairly negotiated.

The Commission found that the Urapuntja Health Service Aboriginal Corporation had demonstrated a good faith effort in negotiating the agreement, taking into account the specific challenges of operating in a remote area. The Commission noted the Corporation’s efforts to consult with employees and consider their feedback during the negotiation process. While some concerns were raised by the dissenting employees, the Commission determined that the overall terms of the agreement were fair and reasonable. The agreement was approved on the basis that it provided for appropriate terms and conditions that were negotiated in good faith and were fair and reasonable, taking into account the unique circumstances of the health service.

The Commission ordered that the 2024 Enterprise Agreement for the Urapuntja Health Service Aboriginal Corporation be approved, with the understanding that any unresolved issues would be subject to further negotiation or review as required. This decision underscores the importance of considering the specific operational context when assessing the fairness and reasonableness of enterprise agreements in unique employment settings.

Urapuntja Health Service Aboriginal Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established