DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ability Centre Australasia Ltd
(AG2021/4635)

ABILITY CENTRE NURSING EMPLOYEES ENTERPRISE AGREEMENT (ANMF) 2021-2024

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 MAY 2021

Application for approval of the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2021-2024.

[1] Ability Centre Australasia Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, and having heard from the parties, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clause 8.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied 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, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 May 2021 and, in accordance with s 54, will operate from 11 May 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Ability Centre Australasia Ltd was brought before the Fair Work Commission in Australia, involving an application for the approval of the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2021-2024. The applicant, Ability Centre Australasia Ltd, sought approval for the proposed enterprise agreement which was intended to govern the employment terms and conditions of its nursing employees. The Australian Nursing and Midwifery Federation (ANMF) represented the employees in the negotiation and application process.

The primary legal issues addressed by the Fair Work Commission were whether the proposed enterprise agreement met the procedural and substantive requirements set out in the Fair Work Act 2009. Procedurally, the Commission examined whether the agreement was genuinely negotiated, appropriately documented, and whether there was sufficient employee representation and participation. Substantively, the Commission assessed whether the agreement complied with the "better off overall test" (BOOT), ensuring that employees were not worse off financially than under their previous conditions of employment.

In delivering its decision, the Commission found that the application for approval of the enterprise agreement met both the procedural and substantive requirements. The Commission was satisfied that the agreement was genuinely negotiated and that there was adequate representation and participation from the employees. Furthermore, the Commission determined that the agreement satisfied the BOOT, as it provided employees with improved conditions and benefits without adversely affecting their overall financial position. Consequently, the Fair Work Commission approved the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2021-2024.

As a result of the Commission's approval, the enterprise agreement will now govern the employment terms and conditions of the nursing employees at Ability Centre Australasia Ltd for the specified period. This decision provides clarity and certainty for both the employer and the employees regarding their rights and obligations under the new agreement.

Ability Centre Australasia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established