MIWATJ HEALTH ABORIGINAL CORPORATION ENTERPRISE AGREEMENT 2024

Application for approval of the Miwatj Health Aboriginal Corporation Enterprise Agreement 2024

[1] Miwatj Health Aboriginal Corporation (Employer) has made an application for approval of an enterprise agreement known as the Miwatj Health Aboriginal Corporation Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The Employer provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[4] I observe that clauses 13.6(b), 13.7, and 13.15 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation (ANMF) and the United Workers' Union (UWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

[6] In accordance with s.201(2), I note that the Agreement covers the ANMF and the UWU.

[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 23 April 2025. The nominal expiry date of the Agreement is 16 April 2029.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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