Australian Nursing and Midwifery Federation-South Australian Branch

[2014] FWCA 2643

FAIR WORK COMMISSION

DECISION

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

Australian Nursing and Midwifery Federation-South Australian Branch
(AG2014/5658)

THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (SA BRANCH) EMPLOYEES AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 23 APRIL 2014

Application for approval of The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Australian Nursing and Midwifery Federation - South Australian Branch. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2014. The nominal expiry date of the Agreement is 1 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2014. The application was brought before the Fair Work Commission by the Australian Nursing and Midwifery Federation - South Australian Branch, as the representative of the employees. The nature of the dispute pertains to the terms and conditions of employment for nurses and midwives under the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the "better off overall test" as stipulated in the Fair Work Act. This test requires that the agreement must ensure that an employee is no less well off overall than they would be under the applicable award or safety net minimum terms and conditions. The Commission had to assess the various provisions of the agreement against this benchmark, ensuring that employees would experience tangible benefits from the new terms.

In its reasoning, the Commission considered the impact of the proposed agreement on wages, conditions, and overall employment benefits for the employees. It evaluated the specific clauses of the agreement, including those related to wages, leave provisions, and working hours, against the safety net minimum terms. After thorough examination, the Commission determined that the agreement met the statutory requirements and was likely to result in employees being better off overall. Consequently, the Commission approved the application for the agreement.

The final orders of the Commission included the approval of The Australian Nursing and Midwifery Federation (SA Branch) Employees Agreement 2014, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement will govern the employment of nurses and midwives in South Australia, providing them with a formal and recognised framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established