Australian Nursing and Midwifery Federation

[2021] FWCA 5839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2021/7038)

ANMF (VICTORIAN BRANCH) (STAFF AND COUNCIL) ENTERPRISE AGREEMENT 2020-2024

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 SEPTEMBER 2021

Application for approval of the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2020-2024 (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.

[2] 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.

[3] I note that clause 40.4.4 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Municipal, Administrative, Clerical and 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 1 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Nursing and Midwifery Federation (Victorian Branch), sought approval for the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2020-2024. The dispute was heard by the Fair Work Commission (FWC), an independent statutory body established under the Fair Work Act 2009 (Cth). The primary focus of the case was to determine whether the proposed enterprise agreement met the necessary legal criteria for approval, particularly in terms of its compliance with the Fair Work Act and its fairness to all parties involved.

The key legal issues before the FWC involved assessing whether the agreement met the procedural requirements outlined in the Fair Work Act and whether it provided fair and reasonable terms for the employees represented by the applicant. Specifically, the FWC needed to ensure that the agreement was negotiated in good faith, that it contained the necessary minimum terms and conditions, and that it was not unfair to any party. The FWC also had to consider the broader economic context, including the financial implications of the agreement for both the employer and the employees.

The FWC found that the applicant had demonstrated that the agreement was negotiated in good faith and that it contained all the required minimum terms. The FWC also concluded that the agreement was fair and reasonable, taking into account the economic context and the interests of both the employer and the employees. The FWC noted that the agreement provided for appropriate wage increases and included provisions for job security and other benefits that were beneficial to the employees. The FWC approved the agreement, finding that it met all the necessary criteria under the Fair Work Act.

The FWC issued a formal approval of the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2020-2024, effective from the date of the decision. This approval allows the agreement to be implemented, providing a clear framework for the terms and conditions of employment for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established