DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian College of Nursing Ltd
(AG2019/5079)

AUSTRALIAN COLLEGE OF NURSING ENTERPRISE AGREEMENT 2020 - 2024

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 9 APRIL 2020

Application for approval of the Australian College of Nursing Enterprise Agreement 2020 -2024.

[1] An application has been made for the approval of an enterprise agreement known as the Australian College of Nursing Enterprise Agreement 2020 -2024 (‘the Agreement’). The application was made by the Australian College of Nursing (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 April 2020. The nominal expiry date of the Agreement is 9 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Australian College of Nursing Limited, sought approval of the Australian College of Nursing Enterprise Agreement 2020-2024. The application was made to the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was the approval of a proposed enterprise agreement between the employer and its employees, who were represented by the Australian Nursing and Midwifery Federation.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for a fair and efficient workplace, and whether it complied with the 'better off overall test'. This test requires that employees be no worse off financially and have at least one improved condition compared to the previous agreement or applicable awards. Additionally, the Commission had to consider whether the agreement included all mandatory terms and conditions and was in accordance with the national workplace relations framework.

In its decision, the Commission found that the proposed agreement met the statutory requirements and passed the better off overall test. It determined that the agreement was fair and efficient, providing improved conditions for employees without negatively impacting their financial position. The Commission also confirmed that all mandatory terms and conditions were included and that the agreement was consistent with the national workplace relations system. Based on these findings, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the Australian College of Nursing Enterprise Agreement 2020-2024, determining that it met all statutory requirements and passed the better off overall test. The agreement was deemed fair and efficient, with improved conditions for employees and compliance with all mandatory terms and conditions. The approval of the agreement was registered, and it will now govern the employment conditions between the Australian College of Nursing and its employees.

Australian College of Nursing Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established