Aspen Medical Pty Limited Summary

[2013] FWCA 6642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aspen Medical Pty Limited
(AG2013/2654)

ASPEN MEDICAL AND AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER DEEGAN	CANBERRA, 5 SEPTEMBER 2013

Application for approval of the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aspen Medical and Australian Nursing & Midwifery Federation Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Aspen Medical Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives' Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 4 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aspen Medical Pty Limited was the subject of an application for the approval of an enterprise agreement with the Australian Nursing & Midwifery Federation. The application was brought before the Fair Work Commission, which is responsible for approving such agreements under Australian labour law. The dispute centred on the terms of the proposed agreement, including various conditions relating to employee representation and procedural fairness. The legal issues that the Commission had to address were whether the agreement was genuinely made by the parties and whether it contained the necessary provisions to ensure its fairness and compliance with relevant labour laws.

The Fair Work Commission examined the process by which the agreement was reached, including whether there was adequate consultation and whether the agreement was negotiated in good faith. The Commission also considered whether the agreement included all necessary provisions, such as those relating to employee representation and procedural fairness. The Commission found that the agreement was genuinely made and that it included all necessary provisions. The Commission was satisfied that the process was conducted in good faith and that the agreement was fair and reasonable.

Based on this analysis, the Fair Work Commission approved the enterprise agreement. The Commission concluded that the agreement was made genuinely and that it included all necessary provisions. The Commission found that the agreement was fair and reasonable, and that it complied with all relevant labour laws. The Commission approved the agreement, and it will now be binding on the parties.

The Fair Work Commission's decision was final and binding on the parties. The Commission's approval of the enterprise agreement means that it will now be legally enforceable, and the terms of the agreement will apply to the employees covered by it. The Commission's decision also sets a precedent for future enterprise agreements in the industry, as it provides guidance on the requirements for a valid and enforceable agreement.

Aspen Medical Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established