Australian Nursing and Midwifery Accreditation Council Ltd

[2025] FWCA 1563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australian Nursing and Midwifery Accreditation Council Ltd

(AG2025/1269)

AUSTRALIAN NURSING AND MIDWIFERY ACCREDITATION COUNCIL ENTERPRISE AGREEMENT 2025 – 2029

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 MAY 2025

Application for approval of the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement to be known as the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2025-2029 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Nursing and Midwifery Accreditation Council Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2025. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Accreditation Council Limited applied for approval of the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2025-2029. The application was heard by Deputy President P. H. Davies. The primary issue before the commission was whether the terms of the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement was made in good faith and whether it provided for a fair and efficient workplace.

The commission considered the nature of the agreement, its compliance with the provisions of the Fair Work Act, and whether the agreement was made in good faith. The applicant argued that the agreement was necessary to ensure fair and efficient workplace relations, and that it provided for appropriate terms and conditions for employees. The commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The commission also considered the impact of the agreement on employees and the broader nursing and midwifery sector.

After reviewing the submissions and evidence presented, the commission found that the agreement was made in good faith and contained terms and conditions that were fair and efficient. The commission approved the agreement, noting that it provided for appropriate protections and benefits for employees, and that it was consistent with the principles of the Fair Work Act. The commission concluded that the agreement would promote a productive and harmonious workplace, and would benefit both employees and the organisation.

The commission made an order approving the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2025-2029, effective from the date of the decision. The agreement will now apply to the relevant employees and will remain in force until the end of the agreed period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established