| [2023] FWCA 897 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AVIVE Health Pty Ltd T/A AVIVE Health
(AG2023/679)
AVIVE HEALTH QUEENSLAND AND QNMU/ANMF NURSES GREENFIELDS AGREEMENT 2022
| Health and welfare services | |
| COMMISSIONER MIRABELLA | MELBOURNE, 24 MARCH 2023 |
Application for approval of the AVIVE Health Queensland and QNMU/ANMF Nurses Greenfields Agreement 2022.
An application has been made for approval of a greenfields agreement known as the AVIVE Health Queensland and QNMU/ANMF Nurses Greenfields Agreement 2022 (Agreement). The application was made by AVIVE Health Pty Ltd T/A AVIVE Health pursuant to s.185 of the Fair Work Act 2009 (Act).
The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Nursing and Midwifery Federation (ANMF) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the ANMF and that the Agreement covers the organisation.
The Agreement was approved on 24 March 2023 and, in accordance with s.54 of the Act, will operate from 31 March 2023. The nominal expiry date of the Agreement is 1 December 2025.
COMMISSIONER
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- AGLC
- AVIVE Health Pty Ltd T/A AVIVE Health [2023] FWCA 897
- Case
- [2023] FWCA 897
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided for terms and conditions that were fair and reasonable, and whether the bargaining process was conducted in good faith. The Commission examined the provisions of the agreement, the bargaining process, and the evidence provided by the parties to determine whether the agreement met the statutory criteria. The Commission also considered the impact of the agreement on the employees, the employer, and the broader industrial relations system.
After reviewing the evidence and arguments presented, the Fair Work Commission approved the AVIVE Health Queensland and QNMU/ANMF Nurses Greenfields Agreement 2022. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that the bargaining process was conducted in good faith. The Commission was satisfied that the agreement met the statutory criteria and would provide for the fair and efficient resolution of workplace issues. The Commission approved the agreement, and it will now be registered and enforceable under the Fair Work Act 2009.
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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