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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The case involves the Wurli-Wurlinjang Aboriginal Corporation, a group of Aboriginal people, and their enterprise agreement. The corporation sought approval of the Wurli-Wurlinjang Enterprise Agreement 2017, which sets out the terms and conditions of employment for its employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on the validity and fairness of the proposed agreement, including its compliance with relevant labour laws and its impact on the employees and the corporation.

The primary legal issue before the court was whether the proposed enterprise agreement was in compliance with the statutory requirements set out in the Fair Work Act. This included whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to determine whether the agreement adequately addressed the needs and interests of both the employees and the corporation, particularly given the unique context of an Aboriginal corporation.

The court examined the evidence and submissions presented by both parties and concluded that the agreement was fair and reasonable. It found that the agreement had been negotiated in good faith and that it provided for terms and conditions that were fair and reasonable, taking into account the specific circumstances of the corporation and its employees. The court also noted that the agreement provided for appropriate protections and benefits for the employees and that it was consistent with the broader objectives of the Fair Work Act. Accordingly, the court approved the proposed agreement.

The final orders of the court were that the Wurli-Wurlinjang Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered on the condition that any amendments to the agreement must also be approved by the Fair Work Commission. The decision provided clarity and certainty for the parties involved and ensured that the agreement would provide for fair and reasonable terms and conditions of employment for the employees of the corporation.

Wurli-Wurlinjang 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