DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ability Centre Australasia Ltd T/A Ability Centre
(AG2018/4721)

ABILITY CENTRE NURSING EMPLOYEES ENTERPRISE AGREEMENT (ANMF) 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2018

Application to approve Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ability Centre Australasia Ltd T/A Ability Centre. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, 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] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Ability Centre Australasia Ltd, trading as Ability Centre, to approve the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2018. The dispute centred on the terms and conditions of employment for nurses employed by the company, specifically concerning their pay and conditions as outlined in the proposed enterprise agreement. The application was heard by the Commission's delegate, who was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the delegate was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included verifying that the agreement had been fairly negotiated, that it included a genuine bargaining process, and that it adhered to the "better off overall test" – that is, whether the agreement would provide employees with no less than the applicable award or registered agreement. The delegate also had to consider whether the agreement contained terms that were outside the scope of permissible enterprise agreements.

In reaching a decision, the delegate examined the evidence provided by both the applicant and the union representatives. The delegate concluded that the agreement had been fairly negotiated and met the procedural requirements. Furthermore, the delegate found that the agreement passed the better off overall test, as the proposed terms and conditions provided employees with benefits that were at least equal to, and in some cases better than, those provided by the relevant award. The delegate also found that all the terms of the agreement were within the scope of a permissible enterprise agreement. Consequently, the delegate approved the proposed enterprise agreement.

As a result of the delegate's decision, the Ability Centre Nursing Employees Enterprise Agreement (ANMF) 2018 was approved and will now govern the employment terms and conditions of the nurses employed by Ability Centre Australasia Ltd. This decision ensures that the agreement will provide a stable and fair framework for the relationship between the employer and the employees, while also complying with the legislative requirements for enterprise agreements under the Fair Work Act.

Ability Centre Australasia Ltd T/A Ability Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established