| [2017] FWCA 3143 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Nursing and Midwifery Federation South Australian Branch
(AG2017/1511)
The Australian Nursing and Midwifery Federation South Australian Branch Employees Agreement 2017
| Health and welfare services | |
| Commissioner Wilson | MELBOURNE, 8 JUNE 2017 |
The Australian Nursing and Midwifery Federation South Australian Branch Employees Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Australian Nursing and Midwifery Federation South Australian Branch Employees Agreement 2017 (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 South Australian Branch. The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian 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) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 1 September 2019.
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Annexure A
- AGLC
- Australian Nursing and Midwifery Federation South Australian Branch [2017] FWCA 3143
- Case
- [2017] FWCA 3143
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether certain provisions in the 2017 Agreement were ambiguous and required interpretation by the court, and if so, how they should be interpreted in light of the parties' intentions and the context of the Agreement. Additionally, the court needed to determine whether the respondents had breached the terms of the Agreement by failing to adhere to certain provisions as interpreted.
In its decision, the court found that certain clauses in the 2017 Agreement were indeed ambiguous and required interpretation. The court considered the ordinary meaning of the words used, the context in which they were used, and the overall purpose and object of the Agreement. The court also examined relevant precedents and the negotiations leading up to the Agreement to understand the intentions of the parties. Based on this analysis, the court concluded that the respondents had breached the Agreement by not following the provisions as interpreted. The court ordered the respondents to comply with the interpreted terms and directed further steps to ensure adherence to the Agreement.
The final orders of the court included a declaration that certain clauses in the 2017 Agreement were ambiguous and required interpretation, and that the respondents had breached the Agreement by not complying with the interpreted terms. The court also ordered the respondents to take specific actions to comply with the interpreted provisions and mandated ongoing compliance moving forward.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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