Wurli-Wurlinjang Aboriginal Corporation

[2017] FWCA 4115

[2017] FWCA 4115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wurli-Wurlinjang Aboriginal Corporation
(AG2017/1258)

WURLI-WURLINJANG ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER JOHNS	SYDNEY, 10 AUGUST 2017

Application for approval of the Wurli-Wurlinjang Enterprise Agreement 2017.

[1] On 11 April 2017 Wurli-Wurlinjang Aboriginal Corporation (Applicant) made an application for approval of the Wurli-Wurlinjang Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Australian Nursing and Midwifery Federation (‘ANMF’) lodged a Form F18 Statutory Declaration indicating that it does not support approval of the Agreement by the Commission. The ANMF’s primary concern is that the salary structure for nurses does not include an annual wage increase in addition to yearly increments and this may be accepted as a precedent for future negotiation outcomes with other employers.

[4] The Applicant has provided written undertakings. Undertaking 3 sought to address the concern raised by the ANMF. It provided that:

At the end of each twelve (12) months’ continuous employment, an Employee will be eligible for progression from one pay point to the next within their classification level (as provided for in the salary/wage schedules referenced in clause 16.1) if the Employer is reasonably satisfied that the Employee has reached established performance based benchmarks as per the position description. Any dispute concerning incremental service payment must be dealt with in accordance with clause 10.

A copy of the undertakings is attached as Annexure A. The Commission is 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.

[5] Despite the undertakings provided, the ANMF maintains its objection to the Commission approving the Agreement. The matter was listed for hearing on Friday 4 August 2017. The ANMF proposed an adjournment until a date after 17 August 2017 and indicated that it was not opposed to the matter being determined on the papers. The Applicant did not support an adjournment but did support the Commission determining the matter on the papers.

[6] In submissions provided to the Commission the ANMF acknowledged that the Agreement contains conditions that are more favourable than the relevant Modern Award and passes the better off overall test.

[7] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[8] The ANMF and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[9] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 August 2017. The nominal expiry date of the Agreement is 10 August 2020.

COMMISSIONER

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ANNEXURE A