DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2020/2829)

EMPLOYEES OF QUEENSLAND NURSES AND MIDWIVES’ UNION ENTERPRISE AGREEMENT 2019 - 2022

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Employees of Queensland Nurses and Midwives’ Union Enterprise Agreement 2019 - 2022.

[1] Application has been made by the Australian Nursing and Midwifery Federation for approval of a single enterprise agreement known as the Employees of Queensland Nurses and Midwives’ Union Enterprise Agreement 2019 - 2022 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

[4] The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application concerns the approval of the Employees of Queensland Nurses and Midwives’ Union Enterprise Agreement for the years 2019 to 2022. The matter was heard in the Fair Work Commission, the relevant industrial tribunal under Australian labour law. The applicant, the Australian Nursing and Midwifery Federation, sought approval of the proposed agreement, which aimed to regulate the employment terms and conditions for nurses and midwives in Queensland.

The key legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement complied with the “better off overall test,” which requires that the agreement ensures employees are no worse off financially and at least one employee is better off overall compared to the applicable award or safety net. Furthermore, the Commission examined whether the agreement adhered to the “good faith” bargaining requirement, ensuring it was negotiated in a manner that reflects genuine negotiation.

The Commission found that the proposed agreement satisfied the better off overall test, as it provided for fair wage increases and improved working conditions for the employees. It also concluded that the agreement was the product of good faith negotiations between the parties. Consequently, the Commission approved the agreement, highlighting its potential to enhance the working conditions and job satisfaction of nurses and midwives in Queensland.

The Fair Work Commission approved the Employees of Queensland Nurses and Midwives’ Union Enterprise Agreement 2019-2022. The decision emphasised the importance of the agreement in addressing the employment conditions for nurses and midwives in Queensland. The Commission’s approval ensures that the agreement will now form the basis for the employment terms and conditions of the covered employees, effective from the specified period.

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