DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2017/1395)

ANMF (VICTORIAN BRANCH) (STAFF AND COUNCIL) ENTERPRISE AGREEMENT 2016-2020

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2017

Application for approval of the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2016-2020 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2017. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation (Victorian Branch) sought approval for the ANMF (Victorian Branch) (Staff and Council) Enterprise Agreement 2016-2020. The Fair Work Commission was the court that heard the matter. The legal issues the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the minimum standards set out in the Fair Work (Registered Organisations) Act 2009. The Commission carefully examined the agreement's provisions to determine if they adhered to the legislative requirements, including the minimum entitlements for employees, the process for resolving disputes, and the overall fairness of the agreement.

The Commission found that the agreement largely complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. It was noted that the agreement provided for minimum entitlements that were at least equal to the national safety net, and it contained provisions for resolving disputes in a fair and efficient manner. However, some minor issues were identified, such as the lack of specific provisions for shift differentials for certain categories of staff, which the Commission deemed to be of minor significance given the overall fairness of the agreement. The Commission approved the agreement, subject to certain minor amendments to address the identified issues.

The final orders of the Commission were that the agreement be approved, with the requirement that the minor amendments be implemented before the agreement comes into effect. The decision highlights the importance of ensuring that enterprise agreements meet all legislative requirements and provide for fair and equitable terms and conditions for employees. The Commission's approval of the agreement, subject to minor amendments, demonstrates its commitment to balancing the interests of employers and employees while upholding the principles of the Fair Work Act 2009.

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