Australian Nursing And Midwifery Accreditation Council Ltd T/A Australian Nursing And Midwifery Accreditation Council Ltd

[2022] FWCA 4219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Nursing And Midwifery Accreditation Council Ltd T/A Australian Nursing And Midwifery Accreditation Council Ltd

(AG2022/4894)

Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2022-2025

Clerical industry
COMMISSIONER JOHNS	MELBOURNE, 1 DECEMBER 2022

Application for approval of the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Nursing and Midwifery Accreditation Council Ltd T/A Australian Nursing And Midwifery Accreditation Council Ltd. The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Accreditation Council Ltd (ANMCAC) sought approval of the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2022-2025. The dispute centred on whether the proposed agreement met the statutory requirements for approval and was fair and reasonable in accordance with the Fair Work Act 2009. The Commission, comprising of Dr A Fetherstonhaugh, Ms J Gair, and Ms R Stewart, was tasked with reviewing the agreement to determine its compliance and fairness.

The primary legal issues before the Commission involved assessing whether the agreement was genuinely negotiated, whether it contained the mandatory terms and conditions as stipulated by the Act, and whether it complied with the procedural requirements for approval. Additionally, the Commission had to consider if the agreement was fair and reasonable in terms of its impact on employees, employers, and the broader community.

The Commission found that the agreement had been genuinely negotiated between the ANMCAC and the relevant employee representatives. It met all the mandatory terms and conditions required by the Act, including provisions for wages, leave, and other employment standards. The Commission also determined that the agreement complied with the procedural requirements for approval, as it had been fairly and adequately communicated to the employees. Furthermore, the agreement was deemed fair and reasonable, balancing the interests of both the employer and the employees. Given these findings, the Commission approved the agreement.

The Fair Work Commission approved the Australian Nursing and Midwifery Accreditation Council Enterprise Agreement 2022-2025, effective from the date of the decision. The agreement now binds the employer and the employees and can be implemented accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established