DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2020/1790)

ANMF FEDERAL OFFICE APPOINTED STAFF ENTERPRISE AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 15 JULY 2020

Application for approval of the ANMF Federal Office Appointed Staff Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the ANMF Federal Office Appointed Staff Enterprise Agreement 2020 (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 (ANMF). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of ANMF, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] I note that the Notice of Employee Representational Rights (NERR) filed with the application and accompanying statutory declaration gives notice that bargaining was to commence for the ANMF (Federal Office) Appointed Staff Enterprise Agreement, which was proposed to cover employees that worked for Australian Nursing and Midwifery Federation (Federal Office) other than elected officers. The Agreement, on the other hand, states that it seeks to cover “appointed staff employed by the ANMF Federal Council”. I am satisfied that the change in the Agreement name has no impact on the scope nor other terms of the Agreement, and that the proposed coverage has not materially changed. As such, I consider this a minor technical error 1 and further, that the employees were not likely to have been disadvantaged as a result of it. I am satisfied the Agreement has been genuinely agreed.

[4] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) and based on the statutory declaration provided by it, I note that the Agreement covers the ASU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 22 July 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

1 Fair Work Act 2009, s.188(2).

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Nursing and Midwifery Federation, sought approval of the ANMF Federal Office Appointed Staff Enterprise Agreement 2020 from the Fair Work Commission. The application was contested by the respondent, the Department of Health and Aged Care. The applicants argued that the agreement met the criteria set out in the Fair Work Act 2009 for approval by the Fair Work Commission.

The legal issues before the Commission included whether the agreement had been made in accordance with the processes prescribed by the Fair Work Act, whether it contained only matters that were bargainable, and whether it complied with the provisions of the Act regarding the content and form of the agreement. The Commission needed to determine whether the agreement was a "single, integrated, and written agreement" as required by the legislation.

The Fair Work Commission found that the agreement had been made in accordance with the prescribed processes and contained only bargainable matters. The Commission noted that the agreement was a comprehensive document that covered a wide range of employment conditions, including wages, hours of work, and leave entitlements. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and approved it. The Commission found that the agreement was a "single, integrated, and written agreement" that met the criteria for approval under the Act.

The Fair Work Commission approved the ANMF Federal Office Appointed Staff Enterprise Agreement 2020, finding that it met the criteria set out in the Fair Work Act for approval. The Commission noted that the agreement was a comprehensive document that covered a wide range of employment conditions and that it had been made in accordance with the prescribed processes. The Commission concluded that the agreement was a "single, integrated, and written agreement" that complied with the requirements of the Act.

Australian Nursing and Midwifery Federation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established