Cabrini Health Limited

[2022] FWCA 201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cabrini Health Limited

(AG2021/9002)

Cabrini Nurses and Midwives Agreement 2021

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 25 JANUARY 2022

Application for approval of the Cabrini Nurses and Midwives Agreement 2021

An application has been made for approval of an enterprise agreement known as the Cabrini Nurses and Midwives Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cabrini Health Limited. The Agreement is a single enterprise agreement.

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 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2022. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) sought approval of the proposed Cabrini Nurses and Midwives Agreement 2021 (the Agreement) between the applicant, Cabrini Health Limited, and the respondent, the Australian Nursing and Midwifery Federation. The Agreement was intended to replace the existing 2016 agreement and cover the period from 1 January 2021 to 31 December 2024. The Commission's task was to determine whether the Agreement was in the interests of the employees, in accordance with section 234 of the Fair Work Act 2009.

The primary legal issue was whether the Agreement complied with the requirements of section 234 of the Fair Work Act, which mandates that the Commission must approve an agreement if it is satisfied that the agreement is in the interests of the employees. The FWC needed to consider whether the Agreement met the standards of good faith bargaining, provided for fair and reasonable terms and conditions, and was in the best interests of the employees. The FWC also had to consider the bargaining process and whether it was conducted in good faith.

The FWC found that the Agreement was in the interests of the employees. The FWC noted that the Agreement provided for a 2% wage increase each year for the duration of the agreement, which was less than the Consumer Price Index increases during the period. The FWC also found that the Agreement provided for a range of other benefits, including improvements to shift penalties, loadings, and allowances, and provisions for flexible working arrangements. The FWC was satisfied that the Agreement was the result of good faith bargaining and was fair and reasonable, and therefore approved the Agreement.

The FWC approved the Agreement under section 234 of the Fair Work Act. The Agreement will now apply to all nurses and midwives employed by Cabrini Health Limited from 1 January 2021 to 31 December 2024. The FWC's decision provides certainty for both the employer and employees and ensures that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established