Ability Centre Australasia Ltd T/A Ability Wa

[2024] FWCA 4149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ability Centre Australasia Ltd T/A Ability Wa

(AG2024/4135)

ABILITY WA NURSING EMPLOYEES (ANF) ENTERPRISE AGREEMENT 2024-2026

Social, community, home care and disability services
COMMISSIONER SCHNEIDER	PERTH, 26 NOVEMBER 2024

Application for approval of the Ability WA Nursing Employees (ANF) Enterprise Agreement 2024-2026

Ability Centre Australasia Ltd T/A Ability Wa (the Applicant) has made an application for the approval of an enterprise agreement known as the Ability WA Nursing Employees (ANF) Enterprise Agreement 2024-2026 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 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.

The Australian Nursing and Midwifery Federation (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

Ability Centre Australasia Ltd, trading as Ability WA, applied for the approval of the Ability WA Nursing Employees (ANF) Enterprise Agreement 2024-2026. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the agreement’s provisions on pay rates, working conditions, and other employment terms.

The Commission considered several legal issues, including whether the agreement provided for a fair and reasonable outcome for both employees and employers, and whether it complied with the provisions of the Fair Work Act. It also examined whether the agreement had been negotiated in good faith, whether the employees had been adequately consulted, and whether the agreement met the ‘better off overall test’. The Commission analysed the submissions from both parties, taking into account the evidence provided regarding the negotiation process and the impact of the agreement on the workforce.

The Commission found that the agreement was fair and reasonable, having been negotiated in good faith and meeting the better off overall test. It concluded that the agreement was beneficial for the employees, providing fair compensation and working conditions while also being reasonable for the employer. The Commission approved the agreement, noting that it complied with all relevant legislative requirements and that it would provide a stable and predictable framework for employment terms over the next three years. The Commission issued an order approving the Ability WA Nursing Employees (ANF) Enterprise Agreement 2024-2026, which is now legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established