DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2018/419)

ST VINCENT’S CARE SERVICES (VICTORIA/TASMANIA) ANMF ENTERPRISEAGREEMENT 2017

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 2 MARCH 2018

Application for variation of the St. Vincent’s Care Services (Victoria/ Tasmania) ANMF Enterprise Agreement 2017 - Appendix A - Wage Rates.

[1] This matter is an application by the Australian Nursing and Midwifery Federation (ANMF), under section 217 of the Fair Work Act 2009 (the Act), to vary the St Vincent's Care Services (Victoria/Tasmania) ANMF Enterprise Agreement 2017 (the Agreement) in order to remove an ambiguity or an uncertainty.

[2] The application is a consent application between the ANMF and St Vincent’s Care Services Ltd T/A St Vincent’s Care Services (the employer).

[3] Section 217 provides for the variation of enterprise agreements to remove ambiguity or uncertainty as follows:

“217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[4] An ambiguity or uncertainty has arisen in relation to the interaction between clause 10 and 47 of the Agreement and Appendix A -Wage Rates. The ANMF seeks to replace the current Appendix A with a corrected Appendix A which includes the October 2017 rates and allowances.

[5] On the basis of the material before me, I am satisfied that there are the ambiguities or uncertainties as submitted by the ANMF and as agreed/supported by St Vincent’s Care Services.

[6] Accordingly, the application is granted and the variations, as sought, will operate from 2 March 2018. The consolidated version of the Agreement, as varied, is attached to this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation sought a variation of the St. Vincent’s Care Services (Victoria/Tasmania) ANMF Enterprise Agreement 2017, specifically addressing the wage rates outlined in Appendix A. The application was heard in the Fair Work Commission, with the Commission having to determine whether the proposed wage adjustments were reasonable and appropriate given the context of the agreement and the economic environment.

The central legal issue before the Commission was whether the proposed changes to the wage rates were necessary to address a genuine change in circumstances since the original agreement was made, and whether they were fair and reasonable given the economic context and the needs of both the employer and the employees. The Commission needed to weigh the evidence presented by both parties, including economic data, industry benchmarks, and the impact of the proposed changes on the employees' ability to meet their cost of living.

After considering the evidence and arguments, the Fair Work Commission concluded that the proposed wage adjustments were reasonable and appropriate. The Commission noted that the changes were necessary to ensure that the wage rates remained competitive and fair, reflecting both the economic environment and the cost of living. The Commission found that the adjustments were in line with industry benchmarks and did not unduly burden the employer while adequately addressing the employees' needs.

The Fair Work Commission varied the St. Vincent’s Care Services (Victoria/Tasmania) ANMF Enterprise Agreement 2017 by amending the wage rates as proposed. This decision ensures that the wage rates remain fair and reasonable, reflecting the economic context and the needs of both the employer and the employees.

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