Australian Nursing And Midwifery Federation Summary

[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

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

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

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Australian Nursing and Midwifery Federation sought approval of the ANMF Federal Office Appointed Staff Enterprise Agreement 2025. The applicant, as the recognised bargaining agent, submitted the agreement for approval under the Fair Work Act 2009. The dispute arose from the negotiation and drafting of the agreement, involving various terms and conditions of employment for the staff of the ANMF Federal Office.

The primary legal issue the court had to address was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included assessing if the agreement contained the prescribed minimum terms and conditions, did not have any prohibited content, and was not inconsistent with any federal law. Additionally, the court needed to determine if the agreement was certified as a simple, low-risk, or certified agreement, as these classifications impact the level of scrutiny applied.

The court examined the contents of the agreement and found it to comply with the statutory requirements. The agreement contained all the prescribed minimum terms and conditions, had no prohibited content, and was consistent with federal laws. Furthermore, the court confirmed that the agreement was certified as a simple agreement, which means it was subject to minimal scrutiny. Based on this assessment, the court approved the agreement, recognising it as a valid enterprise agreement under the Act.

Consequently, the court ordered that the ANMF Federal Office Appointed Staff Enterprise Agreement 2025 be approved and registered as a valid agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are enforceable between the employer and the employees covered by the agreement.

Australian Nursing And Midwifery Federation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established