DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Accreditation Council Ltd.
(AG2016/2743)

AUSTRALIAN NURSING AND MIDWIFERY ACCREDITATION COUNCIL (ANMAC) LTD ENTERPRISE AGREEMENT 2016-2018

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 16 MAY 2016

Application for approval of the Australian Nursing and Midwifery Accreditation Council (ANMAC) Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Nursing and Midwifery Accreditation Council (ANMAC) Ltd Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fogarty, Mandy on behalf of the Australian Nursing and Midwifery Accreditation Council Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Australian Nursing and Midwifery Accreditation Council (ANMAC) Ltd, the Australian Nursing and Midwifery Federation (the union), and several nursing and midwifery employers. The applicants sought approval of the ANMAC Ltd Enterprise Agreement 2016-2018. The dispute came before the Fair Work Commission (FWC) which was required to determine whether the agreement was in the interests of employees and whether it was made in accordance with the relevant legislative provisions. The applicants argued that the agreement was fair and reasonable and should be approved, while the union raised concerns about certain provisions, particularly those relating to the payment of wages and the classification of employees.

The FWC considered several issues, including whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion. The FWC also considered whether the agreement was likely to have a positive impact on the working conditions and job security of the employees. The union argued that the agreement did not provide adequate protections for employees and that it was not made in good faith. The applicants, on the other hand, argued that the agreement provided fair and reasonable terms and conditions of employment.

After considering the evidence and arguments presented by both parties, the FWC determined that the agreement was fair and reasonable and should be approved. The FWC found that the agreement complied with the relevant legislative provisions and that it was made in good faith and without coercion. The FWC also found that the agreement was likely to have a positive impact on the working conditions and job security of the employees. The union's concerns about certain provisions were addressed through modifications to the agreement, which were accepted by all parties. The FWC approved the ANMAC Ltd Enterprise Agreement 2016-2018, subject to certain modifications.

Australian Nursing and Midwifery Accreditation Council Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established