Wurli-Wurlinjang Aboriginal Corporation

[2022] FWCA 1068

[2022] FWCA 1068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wurli-Wurlinjang Aboriginal Corporation

(AG2022/722)

Wurli-Wurlinjang Enterprise Agreement 2022

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 28 MARCH 2022

Application for the approval of Wurli-Wurlinjang Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Wurli-Wurlinjang Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wurli-Wurlinjang Aboriginal Corporation (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 March 2022.

1. On 23 March 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 24 March 2022. The undertaking deals with the following topics:

·   An employee who adopts a child aged sixteen or younger and who will be the primary carer of the adopted child at the time of placement shall be entitled to full pay for up to ten weeks of parental leave.

·   Severance payment will only not be payable subject to a Decision of the Commission as per s.120 of the Act.

·   Ordinary hours of work for Health Professionals and Community Services Employees at Level 6.3 and 6.4 will be between 6.00am and 6.00pm.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded did not oppose the undertakings.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation (ANMF) and United Workers’ Union (UWU), being 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 these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 27 March 2025.

COMMISSIONER

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