Adelaide Community Healthcare Alliance Trading AS Adelaide Community Healthcare Alliance Or ACHA Summary

[2025] FWCA 1837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adelaide Community Healthcare Alliance Trading AS Adelaide Community Healthcare Alliance Or ACHA

(AG2025/1209)

APPLICATION FOR APPROVAL OF THE ACHA – NURSES’ & MIDWIVES’ – ENTERPRISE AGREEMENT – 2024

Health and welfare services
COMMISSIONER THORNTON	ADELAIDE, 30 MAY 2025

Application for approval of the ACHA – Nurses’ & Midwives’ – Enterprise Agreement – 2024

An application has been made for approval of an enterprise agreement known as the ACHA – Nurses’ & Midwives’ – Enterprise Agreement – 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Community Healthcare Alliance trading as Adelaide Community Healthcare Alliance or ACHA (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement 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.

The Agreement does not contain a Delegates’ Rights Term, as required by s.205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 28A of the Nurses Award 2020 is taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act from 6 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Adelaide Community Healthcare Alliance Trading as Adelaide Community Healthcare Alliance (ACHA) to approve a proposed enterprise agreement with its nursing and midwifery staff for the year 2024. The dispute centred on the terms and conditions of employment for the nurses and midwives, and whether the proposed agreement was in compliance with the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the 'better off overall test' and if it was in the interests of the employees and the employer.

The central legal issue the Commission had to decide was whether the proposed enterprise agreement was fair and reasonable, ensuring that the employees were not worse off and that the terms of the agreement were just and equitable. Additionally, the Commission needed to assess if the agreement complied with the legislative requirements of the Fair Work Act, including whether it met the 'good faith' bargaining standard and if it contained any provisions that were contrary to public policy.

In considering these issues, the Commission examined the terms of the proposed agreement, including wages, working conditions, leave entitlements, and other employment-related matters. The Commission also took into account the submissions from both the ACHA and the union representatives for the nurses and midwives, as well as any relevant legislative provisions and precedents. After careful consideration, the Commission found that the proposed agreement met the 'better off overall test' and was fair and reasonable. It was determined that the agreement did not result in any employee being worse off and that it was in the interests of both the employees and the employer. The Commission approved the enterprise agreement, highlighting that it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the proposed enterprise agreement, which was deemed to be fair, reasonable, and in compliance with the Fair Work Act. This decision finalised the terms and conditions of employment for the nurses and midwives for the year 2024, ensuring that both the employees and the employer had a clear understanding of their rights and obligations under the agreement.

Adelaide Community Healthcare Alliance Trading AS Adelaide Community Healthcare Alliance Or ACHA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established