DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2017/1514)

THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (SA BRANCH) EMPLOYEES AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 17 MAY 2017

Application for approval of The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2017.

[1] On 1 May 2017 the Australian Nursing and Midwifery Federation (Applicant) made an application for approval of The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 May 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Australian Nursing and Midwifery Federation (SA Branch) sought approval for The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2017, which was to govern the employment conditions of nurses and midwives in South Australia. The application was heard by the Fair Work Commission, where the primary focus was on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred on specific provisions of the agreement that were alleged to be non-compliant with the Act.

The legal issues that the Commission had to address involved whether the agreement provided for a proper balance of rights and obligations between employers and employees. Additionally, the Commission needed to determine if the agreement contained provisions that complied with minimum workplace entitlements and if it adhered to the procedural requirements for approval. The main contention was whether the agreement's provisions were consistent with the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission examined the agreement closely, focusing on various sections that had been contested. The Commission found that the agreement generally met the statutory requirements and provided for a fair balance of rights and obligations. It noted that while some provisions required minor adjustments to ensure compliance with minimum standards, these were not significant enough to warrant disapproval of the entire agreement. The Commission concluded that the agreement was fair and balanced and did not contain any provisions that were contrary to the Fair Work Act or its regulations.

Following this determination, the Fair Work Commission approved the agreement, subject to minor amendments to ensure full compliance with the Act. The Commission ordered that the agreement would be registered and would come into effect from the date of the Commission’s decision, thereby providing certainty to both employers and employees regarding the terms of employment.

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