DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2021/4953)

THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION SOUTH AUSTRALIAN BRANCH EMPLOYEES AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 21 JUNE 2021

Application for approval of The Australian Nursing and Midwifery Federation South Australian 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 South Australian 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 matter before the Federal Court involved an application by the Australian Nursing and Midwifery Federation (SA Branch) for the approval of the 2020 South Australian Branch Employees Agreement. The Federation sought to have the agreement certified under the Fair Work Act 2009, which would make it the minimum terms and conditions of employment for its members within the South Australian public sector. The dispute centred around whether the proposed agreement met the criteria for approval under the Act, particularly whether it provided for fair and reasonable terms of employment and did not undermine public interest objectives.

The legal issues that the court had to resolve included whether the agreement adequately protected employees' rights and interests, ensured fair and reasonable terms of employment, and did not conflict with the objectives of the Fair Work Act. The court also needed to consider whether the agreement complied with the requirements for approval set out in the Act and the regulations. Specifically, the court examined whether the agreement contained provisions that met the various criteria for approval, such as provisions for minimum wages, leave entitlements, and working conditions.

In its decision, the court found that the proposed agreement met the criteria for approval under the Fair Work Act. The court concluded that the agreement provided for fair and reasonable terms of employment and did not undermine public interest objectives. The court was satisfied that the agreement contained provisions that met the various criteria for approval, including provisions for minimum wages, leave entitlements, and working conditions. The court also found that the agreement complied with the requirements for approval set out in the Act and the regulations.

The court approved the agreement, making it the minimum terms and conditions of employment for members of the Australian Nursing and Midwifery Federation (SA Branch) in the South Australian public sector. The decision confirmed the agreement as a legally binding document that governed the employment conditions of nurses and midwives within the specified jurisdiction.

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