Australian Nursing And Midwifery Federation

[2025] FWCA 944

[2025] FWCA 944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Australian Nursing And Midwifery Federation

(AG2025/619)

ANMF FEDERAL OFFICE APPOINTED STAFF ENTERPRISE AGREEMENT 2025

Clerical industry
COMMISSIONER REDFORD	MELBOURNE, 21 MARCH 2025

Application for approval of the ANMF Federal Office Appointed Staff Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the ANMF Federal Office Appointed Staff Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Nursing and Midwifery Federation (ANMF). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

1. The Notice of Employee Representational Rights (NERR) distributed to employees on 18 March 2024 appears to have a slightly different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act. 

Interaction with the National Employment Standards

1. Clause 4.2 of the Agreement provides where there is an inconsistency between a term of the agreement and the National Employment Standards (NES) and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 34 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.

Consideration

1. 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.

1. The Australian Services Union (Victorian Private Sector Branch) (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ASU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

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