DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Community Healthcare Alliance Incorporated (ACHA)
(AG2017/2983)

ACHA - NURSES’ & MIDWIVES - ENTERPRISE AGREEMENT - 2017-2021

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 OCTOBER 2017

Application for approval of the ACHA - Nurses’ & Midwives - Enterprise Agreement - 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the ACHA - Nurses’ & Midwives - Enterprise Agreement - 2017-2021. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Adelaide Community Healthcare Alliance Incorporated (ACHA). The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 October 2017 and, in accordance with s.54, will operate from 27 October 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of the Adelaide Community Healthcare Alliance Incorporated (ACHA), the Fair Work Commission was asked to approve the ACHA - Nurses’ & Midwives - Enterprise Agreement 2017-2021. The applicants, ACHA, sought approval of the enterprise agreement which contained various terms and conditions of employment for nurses and midwives within the organisation. The dispute arose as the respondents, the Australian Nurses and Midwives Federation (ANMF), objected to certain provisions of the agreement.

The primary legal issues before the commission involved whether the provisions of the enterprise agreement were in compliance with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The commission was required to consider whether the agreement was in the best interests of the employees and whether it adhered to the requirements for good faith bargaining and procedural fairness. Furthermore, the commission had to determine whether the agreement was consistent with the relevant provisions of the National Employment Standards and the applicable modern awards.

In its decision, the commission examined the provisions of the agreement in detail, considering the submissions from both parties. The commission found that the agreement was largely consistent with the requirements of the Fair Work Act and the Fair Work Regulations. The commission acknowledged that the agreement contained provisions that went beyond the minimum entitlements set out in the relevant modern awards. However, the commission determined that these provisions were in the best interests of the employees and did not contravene any provisions of the Act or Regulations. The commission also found that the agreement was the result of good faith bargaining and procedural fairness. As a result, the commission approved the ACHA - Nurses’ & Midwives - Enterprise Agreement 2017-2021.

Adelaide Community Healthcare Alliance Incorporated (ACHA)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established