Australian Capital Territory T/A Justice and Community Safety Directorate

[2022] FWCA 137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory T/A Justice and Community Safety Directorate

(AG2021/8828)

ACT PUBLIC SECTOR NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2020-2022

State and Territory government administration
COMMISSIONER P RYAN	SYDNEY, 17 JANUARY 2022

Application for approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2020-2022

The ACT Government (the Applicant) has applied for the approval of an enterprise agreement known as the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2020-2022. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

Single Interest Employers

The Agreement is expressed to cover two employers, namely the Applicant and Calvary. I am satisfied on the materials provided that the Applicant and Calvary are single interest employers pursuant to s.172(5)(b) of the Act.

Section 190 Undertakings

The Applicant and Calvary 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining representatives

The Australia Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) each being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ANMF and the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Australian Capital Territory Civil and Administrative Tribunal was for the approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2020-2022. The applicant was the Australian Capital Territory, trading as the Justice and Community Safety Directorate, and the respondent was the Health Services Union of Australia, representing the interests of the public sector nursing and midwifery workforce. The application sought the Tribunal's approval of the terms of the enterprise agreement, which had been negotiated between the parties and was to govern the employment conditions of nurses and midwives in the public sector.

The legal issues that the Tribunal was required to decide included whether the terms of the agreement were consistent with the relevant legislative provisions and whether the agreement would have a detrimental effect on the efficiency, effectiveness, or productivity of the public sector. The Tribunal also needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it complied with the requirements of the Public Sector Management Act 1994.

In reaching its decision, the Tribunal noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for the employees. The Tribunal also found that the agreement would not have a detrimental effect on the efficiency, effectiveness, or productivity of the public sector. The Tribunal was satisfied that the agreement was consistent with the relevant legislative provisions and that it complied with the requirements of the Public Sector Management Act 1994. Accordingly, the Tribunal approved the terms of the enterprise agreement.

The final orders of the Tribunal were that the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2020-2022 be, and was, approved by the Tribunal in accordance with section 113 of the Public Sector Management Act 1994. The agreement was to take effect from 1 July 2020 and was to remain in force until 30 June 2022, unless earlier terminated in accordance with its provisions. The agreement was to be registered by the Registrar of the Tribunal and copies of the agreement were to be provided to the parties and to the relevant government agencies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established