Application for approval of the Apunipima Cape York Health Council Limited Enterprise Agreement 2025

[1] Apunipima Cape York Health Council Limited (Employer) has applied for approval of an enterprise agreement known as the Apunipima Cape York Health Council Limited Enterprise Agreement 2025 (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 application was not filed within 14 days after it was made, contrary to s 185(3) of the Act. Having regard to the submissions of the Employer and in all the circumstances, I consider it fair to extend the time for making the application under s 185(3)(b).

[3] The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. Additionally, the title at clause 1 of the Agreement is not the same as the title of the Agreement in the NERR. Having regard to the Employer's submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am 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. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[6] The Agreement does not contain a consultation term compliant with the Act. Pursuant to s 205(2) of the Act and clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] The Agreement's workplace delegates' rights term is less favourable than those provided by the applicable modern awards. Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Nurses Award 2020 is taken to be a term of the Agreement.

[8] The Australian Workers' Union, the Health Services Union, the Australian Municipal, Administrative, Clerical and Services Union, and the Australian Nursing and Midwifery Federation, each being bargaining representatives for the Agreement, have given notice under s 183 that that they want to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers these organisations.

[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 March 2026. The nominal expiry date of the Agreement is 27 February 2029.

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