DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2021/4950)

THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (SA BRANCH) EMPLOYEES AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 21 JUNE 2021

Application for approval of The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2020.

[1] The Australian Nursing and Midwifery Federation has applied for approval of a single enterprise agreement known as The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 28 June 2021. The nominal expiry date of the Agreement is 30 June 2022.

[5] The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Nursing and Midwifery Federation (SA Branch) for approval of the Employees Agreement 2020. The application was brought before the Fair Work Commission, with the Fair Work (Registered Organisations) Amendment Act 2020 serving as the relevant legal framework. The primary issue before the Commission was whether the agreement met the criteria for approval as set out in the Act, specifically focusing on whether it complied with the requirements for fairness and appropriateness.

The Commission considered several factors in its assessment. Firstly, it examined whether the agreement was a genuine bargain between the parties and whether it was made in good faith. The Commission also evaluated whether the agreement provided for fair and reasonable terms and conditions, taking into account the needs of both employees and employers. Furthermore, the Commission assessed whether the agreement aligned with the principles of the National Employment Standards and whether it contained provisions that were appropriate and fair in the context of the nursing and midwifery professions. After a thorough analysis, the Commission concluded that the agreement was fair and appropriate and, therefore, approved it.

In its decision, the Commission highlighted that the agreement addressed the specific needs and concerns of nursing and midwifery professionals in South Australia, providing for reasonable working conditions, remuneration, and other employment terms. The Commission found that the agreement was a genuine outcome of negotiations between the parties and that it met the criteria for approval as set out in the Act. Consequently, the Fair Work (Registered Organisations) Amendment Act 2020 was upheld, and the Employees Agreement 2020 was approved.

As a result of the Commission's decision, the Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2020 was approved and is now in effect. This decision ensures that the agreement provides fair and reasonable terms and conditions for nursing and midwifery professionals in South Australia, while also aligning with the principles of the National Employment Standards.

Australian Nursing and Midwifery Federation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established