Australian Nursing and Midwifery Federation-South Australian Branch

[2023] FWCA 2056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Nursing and Midwifery Federation-South Australian Branch

(AG2023/1305)

AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (SA BRANCH) EMPLOYEES AGREEMENT 2023

Miscellaneous
DEPUTY PRESIDENT EASTON	SYDNEY, 5 JULY 2023

Application for approval of the Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2023.

Australian Nursing and Midwifery Federation - South Australian Branch (the Employer) has made an application for the approval of the Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ASU and APESMA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2023. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Nursing and Midwifery Federation (SA Branch) for approval of the Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2023. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The central issue before the Commission was whether the agreement provided adequate protections for the employees and whether it complied with the relevant provisions of the Act.

The Fair Work Commission examined the terms and conditions outlined in the proposed agreement, focusing on the provisions related to wages, working hours, leave entitlements, and other employment standards. The Commission considered whether the agreement was consistent with the provisions for minimum standards, and whether it provided fair and reasonable terms for the employees. The Commission also assessed the process through which the agreement was negotiated, ensuring that it complied with the requirements for genuine bargaining and that the agreement reflected a fair representation of the interests of both parties.

In its decision, the Commission found that the agreement did meet the necessary requirements under the Fair Work Act. The Commission determined that the agreement provided adequate protections for the employees and complied with the minimum standards set out in the Act. The Commission also noted that the agreement had been negotiated in good faith and reflected a fair representation of the interests of both parties. Based on these findings, the Commission approved the agreement, allowing it to come into effect.

The Fair Work Commission approved the Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2023, recognising that it met the necessary requirements under the Fair Work Act. The Commission's decision ensures that the agreement provides fair and reasonable terms for the employees, while also complying with the minimum standards set out in the Act. This outcome provides certainty for both the employees and the employer, ensuring that the agreement can be implemented effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established