Australian Nursing and Midwifery Council Limited Summary

[2013] FWCA 1035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Council Limited
(AG2013/4794)

AUSTRALIAN NURSING & MIDWIFERY ACCREDITATION COUNCIL ENTERPRISE AGREEMENT 1 JANUARY 2013 - 31 DECEMBER 2015

Health and welfare services
COMMISSIONER DEEGAN	CANBERRA, 13 FEBRUARY 2013

Application for approval of the Australian Nursing & Midwifery Accreditation Council
Enterprise Agreement 1 January 2013-31 December 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Nursing & Midwifery Accreditation Council Enterprise Agreement 1 January 2013 - 31 December 2015. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Nursing and Midwifery Council Limited. The agreement is a single enterprise agreement.

[2] The Australian Nursing and Midwifery Council Limited provided an undertaking which clarifies certain clauses in the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. A copy of the undertaking is attached to this decision at Annexure A. In accordance with s.201(3) of the Act, the undertaking is taken to be a term of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Nursing and Midwifery Council Limited lodged an application with the Fair Work Commission for approval of an enterprise agreement with the Australian Nursing & Midwifery Accreditation Council. The agreement was to cover a period of 1 January 2013 to 31 December 2015. The Commission was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, it needed to determine if the agreement contained the necessary minimum terms and conditions, was free from any unfair content, and complied with other statutory requirements.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay, penalties for unlawful deductions from wages, adequate notice of termination and redundancy payments, and leave entitlements. It was also necessary to assess if the agreement contained any provisions that were contrary to public policy or that had the potential to undermine the fairness of workplace relations. The Commission needed to ensure that the agreement did not adversely affect the ability of employees to access their entitlements or their right to be free from discrimination or victimisation.

The Fair Work Commission determined that the agreement was fair and balanced. It provided for all the necessary minimum terms and conditions and contained no unfair content. The Commission found that the agreement was compliant with the statutory requirements and did not include any provisions that would undermine the fairness of workplace relations. The agreement was approved, ensuring that employees would receive fair and reasonable terms and conditions of employment.

The Commission's decision was based on a thorough analysis of the agreement and its provisions. The Commission found that the agreement met all the necessary criteria for approval and did not contain any unfair content. The Commission approved the agreement, providing certainty and stability for both employers and employees in the nursing and midwifery sector.

Australian Nursing and Midwifery Council Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established