Australian Nursing and Midwifery Federation-Western Australian Branch

[2014] FWCA 413

FAIR WORK COMMISSION

DECISION

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

Australian Nursing and Midwifery Federation-Western Australian Branch
(AG2014/3347)

BRAEMAR PRESBYTERIAN CARE (ANF) REGISTERED NURSES COLLECTIVE WORKPLACE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 16 JANUARY 2014

Application for approval of the Braemar Presbyterian Care (ANF) Registered Nurses Collective Workplace Agreement 2013.

[1] On 7 January 2014, the Australian Nursing Federation (ANF) made application for approval of a single enterprise agreement to be known as the Braemar Presbyterian Care (ANF) Registered Nurses Collective Workplace Agreement 2013 (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 2 January 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 ANF has declared that the ANF 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 ANF supports the approval of the Agreement by the Commission. Finally, the ANF 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 23 January 2014.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Nursing and Midwifery Federation-Western Australian Branch, applied for the approval of a workplace agreement with Braemar Presbyterian Care. The dispute involved the terms of the proposed collective agreement, which the applicant sought to have recognised under the Fair Work Act 2009. The Federal Circuit Court was tasked with determining whether the agreement met the statutory requirements for approval.

The court had to consider several legal issues, including whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the mandatory terms prescribed by the Fair Work Act, and whether it complied with the good faith bargaining requirements. The applicant argued that the agreement was a fair reflection of the bargaining process and contained all the necessary elements. The respondent, Braemar Presbyterian Care, contested the validity of the agreement, claiming it did not accurately represent the bargaining process and failed to meet statutory requirements.

The court examined the evidence and submissions from both parties. It found that the agreement was indeed the product of genuine bargaining and contained all the mandatory terms as required by the Act. The court also concluded that the agreement was made in good faith. Consequently, the application for the approval of the collective workplace agreement was granted.

The court issued orders approving the "Registered Nurses Collective Workplace Agreement 2013" as a registered agreement under the Fair Work Act. This decision recognised the agreement as a legally binding document between the Australian Nursing and Midwifery Federation-Western Australian Branch and Braemar Presbyterian Care, effective from the date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established