Australian Nursing and Midwifery Federation

[2023] FWCA 461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Nursing and Midwifery Federation

(AG2023/200)

Seventh-day Adventist Aged Care (Victoria) Pty Ltd and (Trading as AdventCare), ANMF and HSU Enterprise Agreement 2022

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 14 FEBRUARY 2023

Application for approval of the Seventh-day Adventist Aged Care (Victoria) Pty Ltd and (Trading as AdventCare), ANMF and HSU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Aged Care (Victoria) Pty Ltd and (Trading as AdventCare), ANMF and HSU Enterprise Agreement 2022 (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 Federation. 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 Health Services Union 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 21 February 2023. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between the Seventh-day Adventist Aged Care (Victoria) Pty Ltd, trading as AdventCare, and the Australian Nursing and Midwifery Federation and Health Services Union. The application was lodged with the Fair Work Commission (FWC) under section 233 of the Fair Work Act 2009 (Cth). The primary issue before the FWC was whether the proposed enterprise agreement met the requirements for approval, particularly focusing on whether it facilitated the improvement of pay and conditions for employees, and whether it included appropriate mechanisms for dispute resolution.

The FWC determined that the enterprise agreement did meet the statutory criteria for approval. The agreement was found to contain provisions that improved the pay and conditions of employees, thereby satisfying the primary purpose of the Fair Work Act. The agreement also included appropriate dispute resolution mechanisms, ensuring that any future disputes could be resolved in a timely and effective manner. The FWC concluded that the agreement was fair and reasonable, and thus approved it under the Act. The decision was based on a comprehensive analysis of the agreement's contents and their alignment with the legislative requirements.

The FWC's approval of the enterprise agreement ensures that it will be binding on all parties involved, facilitating a stable and equitable working environment for employees within AdventCare. The agreement provides for improved terms and conditions, reflecting the needs and contributions of the workforce, and includes effective dispute resolution processes to manage any future issues that may arise. The FWC's decision reinforces the importance of fair and reasonable agreements in enhancing workplace relations and employee satisfaction.

The final orders included the approval of the Seventh-day Adventist Aged Care (Victoria) Pty Ltd and (Trading as AdventCare), ANMF and HSU Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement, ensuring its legal enforcement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established