Australian Nursing and Midwifery Federation T/A Australian Nursing and Midwifery Federation (Victorian Branch) Summary

[2025] FWCA 253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Nursing and Midwifery Federation T/A Australian Nursing and Midwifery Federation (Victorian Branch)

(AG2024/4645)

AUSTRALIAN NURSING AND MIDWIFERY FEDERATION (VICTORIAN BRANCH) (EMPLOYEES AND COUNCIL) ENTERPRISE AGREEMENT 2024 - 2028

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 22 JANUARY 2025

Application for approval of the Australian Nursing and Midwifery Federation (Victorian Branch) (Employees and Council) ENTERPRISE AGREEMENT 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Australian Nursing and Midwifery Federation (Victorian Branch) (Employees and Council) ENTERPRISE AGREEMENT 2024 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Nursing and Midwifery Federation T/A Australian Nursing and Midwifery Federation (Victorian Branch). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 15 July 2024 and the Agreement was made on 12 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 1 November 2028.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation (Victorian Branch) sought approval of an enterprise agreement for the years 2024 to 2028. The application was made before the Fair Work Commission, which has the authority to approve such agreements if they meet certain legal criteria. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the provision of fair and reasonable terms and conditions of employment.

The court was required to determine whether the enterprise agreement provided for fair and reasonable terms and conditions, including wages and other remuneration. This involved an assessment of whether the agreement met the minimum standards set by the relevant modern awards, and whether it provided for appropriate protections and benefits for employees. Additionally, the court needed to consider whether the agreement allowed for fair and reasonable terms regarding other employment conditions, such as working hours, leave provisions, and dispute resolution mechanisms.

The Fair Work Commission, after reviewing the application and considering the evidence presented, found that the proposed agreement did indeed provide for fair and reasonable terms and conditions of employment. The Commission determined that the agreement met the minimum standards and provided adequate protections and benefits for the employees. The Commission also found that the agreement included fair and reasonable terms regarding other employment conditions, including appropriate dispute resolution mechanisms. Consequently, the Commission approved the Australian Nursing and Midwifery Federation (Victorian Branch) (Employees and Council) Enterprise Agreement 2024-2028.

The final orders of the Commission were that the enterprise agreement, as submitted, be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until the earlier of the expiry date specified in the agreement or the making of a new registered agreement.

Australian Nursing and Midwifery Federation T/A Australian Nursing and Midwifery Federation (Victorian Branch)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established