Absolute Workplace Solutions Pty Ltd T/As Leana Street Consulting Summary

[2025] FWCA 1504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Absolute Workplace Solutions Pty Ltd T/As Leana Street Consulting

(AG2025/1050)

EASTWOOD PRIVATE HOSPITAL (NURSES) AND ANMF (SA BRANCH) ENTERPRISE AGREEMENT 2025

Health and welfare services
COMMISSIONER THORNTON	ADELAIDE, 6 MAY 2025

Application for approval of the Eastwood Private Hospital (Nurses) and ANMF (SA Branch) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Eastwood Private Hospital (Nurses) and ANMF (SA Branch) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Absolute Workplace Solutions Pty Ltd T/As Leana Street Consulting (the Applicant). The Agreement is a greenfields enterprise agreement.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Nursing and Midwifery Federation (ANMF) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Having regard to s.187(5)(b), I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking 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.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. The agreement was made on 11 April 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMNF and that the Agreement covers the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act from 13 May 2025. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Absolute Workplace Solutions Pty Ltd, trading as Leana Street Consulting, applied to the Fair Work Commission for the approval of the Eastwood Private Hospital (Nurses) and ANMF (SA Branch) Enterprise Agreement 2025. The application involved the negotiation and approval of a proposed enterprise agreement, which was subject to the Fair Work Act 2009. The Australian Nursing and Midwifery Federation (SA Branch) represented the nurses at Eastwood Private Hospital, and the applicant sought to have the agreement recognised as a valid and enforceable enterprise agreement.

The legal issues before the Fair Work Commission included whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it contained the necessary provisions, was negotiated in good faith, and was fair and appropriate. The Commission had to determine if the agreement was genuinely negotiated and if it contained the mandatory terms and conditions as stipulated in the Act. Additionally, the Commission assessed whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Fair Work Commission considered the evidence and submissions from both parties. The Commission found that the agreement was genuinely negotiated and contained the mandatory terms and conditions required by the Fair Work Act. The Commission also determined that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the Eastwood Private Hospital (Nurses) and ANMF (SA Branch) Enterprise Agreement 2025.

The Fair Work Commission approved the proposed enterprise agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act. The approval ensures that the terms and conditions outlined in the agreement are applicable to the nurses at Eastwood Private Hospital, subject to the provisions of the Fair Work Act.

Absolute Workplace Solutions Pty Ltd T/As Leana Street Consulting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established