Australian Health Practitioner Regulation Agency

[2013] FWCA 9964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health Practitioner Regulation Agency
(AG2013/11904)

AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY ENTERPRISE AGREEMENT (NSW) 2013-2016

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Australian Health Practitioner Regulation Agency Enterprise Agreement (NSW) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Health Practitioner Regulation Agency Enterprise Agreement (NSW) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 New South Wales Nurses and Midwives’ Association & the Australian Nursing and Midwifery Federation - New South Wales Branch, and CPSU, the Community and Public Sector Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Australian Health Practitioner Regulation Agency and the Australian Health Practitioners Regulation Agency Employees Union. The dispute centred around the application for the approval of the Enterprise Agreement (NSW) 2013-2016. The Fair Work Commission was the court responsible for adjudicating the matter.

The central legal issues the Commission had to decide were whether the Enterprise Agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees and the employer. Specifically, the Commission needed to assess whether the agreement contained all the mandated minimum terms and conditions, and whether it was free from prohibited content.

The Fair Work Commission determined that the Enterprise Agreement complied with all the statutory requirements. It contained all the necessary minimum terms and conditions, and did not include any prohibited content. The Commission also found that the agreement was in the best interests of the employees and the employer. The Commission's decision was based on the comprehensive nature of the agreement, which addressed all the necessary terms and conditions, and provided a fair and reasonable outcome for both parties. The Commission approved the Enterprise Agreement, and it came into effect from the date of the decision.

The Fair Work Commission approved the Enterprise Agreement, and it came into effect from the date of the decision. The Commission's decision was based on the comprehensive nature of the agreement, which addressed all the necessary terms and conditions, and provided a fair and reasonable outcome for both parties. The Commission found that the agreement met all the statutory requirements and was in the best interests of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established