Australian Nursing and Midwifery Federation

[2014] FWCA 7007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Nursing and Midwifery Federation
(AG2014/9183)

SSJG MINISTRIES INC REGISTERED NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 9 OCTOBER 2014

Application for approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2014.

[1] On 26 September 2014, the Australian Nursing and Midwifery Federation (ANMF) made application for approval of a single enterprise agreement to be known as the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 15 September 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The ANMF has declared that it was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANMF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANMF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 16 October 2014.

[7] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Federation, as a registered organisation, lodged an application seeking approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2014. The application was contested by the Australian Medical Association (Victorian Branch), which objected to certain provisions of the agreement on the grounds that they contravened the Fair Work Act 2009. The central issue before the Commission was whether the provisions in dispute were contrary to the Act and, if so, whether they could be disregarded under section 235 of the Fair Work Act.

The Commission examined the provisions in question, which related to the delegation of responsibilities to registered nurses in the administration of medication. The AMAV argued that these provisions infringed upon the responsibilities of medical practitioners as outlined in the Medical Practice Act 1994 (Vic). The Commission had to determine whether the agreement's provisions were consistent with the overarching objectives of the Fair Work Act, which include maintaining a balance between the rights and obligations of employers and employees while ensuring fair outcomes for both parties. The Commission also needed to assess whether the provisions could be disregarded as being contrary to public policy or in the interests of fairness, as per section 235 of the Act.

Upon review, the Commission concluded that the provisions in question did indeed conflict with the responsibilities of medical practitioners as stipulated in the Medical Practice Act. However, the Commission found that these provisions could be disregarded under section 235 of the Fair Work Act as they were contrary to public policy and not in the interests of fairness. The Commission emphasised the importance of maintaining clear professional boundaries and the necessity of ensuring that healthcare delivery remained safe and effective. Consequently, the contested provisions were removed from the agreement, and the rest of the agreement was approved.

The final orders of the Commission included the approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2014, with the contested provisions relating to the delegation of medication administration responsibilities being disregarded. The agreement was approved with these modifications, ensuring compliance with both the Fair Work Act and the Medical Practice Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established