Australian Capital Territory t/a ACT Public Sector

[2024] FWCA 2886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australian Capital Territory t/a ACT Public Sector

(AG2024/2516)

ACT PUBLIC SECTOR NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2023-2026

State and Territory government administration
DEPUTY PRESIDENT ROBERTS	SYDNEY, 6 AUGUST 2024

Application for approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2023-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Capital Territory t/a ACT Public Sector (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5.4 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between this Agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union NSW Branch (HSU) lodged Form F18 statutory declarations giving 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 the Agreement covers the ANMF and HSU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by the Australian Capital Territory, trading as the ACT Public Sector, seeking approval of the Enterprise Agreement for the period 2023-2026. The dispute involved the terms and conditions of employment for nurses and midwives within the public sector of the Australian Capital Territory. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009, particularly in relation to the procedural fairness, the coverage of the agreement, and its compliance with the national minimum standards of employment. The court had to ensure that the agreement was made in good faith and was fair and reasonable for the purposes of the Act.

The Fair Work Commission found that the application met the necessary criteria. The agreement was considered to be made in good faith and covered all relevant employees within the scope of the bargaining. The Commission also determined that the terms of the agreement did not fall below the national minimum standards and were fair and reasonable. As such, the Commission approved the Enterprise Agreement for the specified period.

The Fair Work Commission approved the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2023-2026, ensuring that it would govern the employment conditions for nurses and midwives within the public sector of the Australian Capital Territory.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established