DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Mothercraft Society Inc
(AG2019/3834)

CANBERRA MOTHERCRAFT SOCIETY NURSING AND MIDWIFERY STAFF ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 OCTOBER 2019

Application for approval of the Canberra Mothercraft Society Nursing and Midwifery Staff Enterprise Agreement 2019.

[1] Canberra Mothercraft Society Inc (the Employer) has made an application for approval of an enterprise agreement known as the Canberra Mothercraft Society Nursing and Midwifery Staff Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 October 2019 and, in accordance with s 54, will operate from 5 November 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Canberra Mothercraft Society Inc applied for the approval of the Canberra Mothercraft Society Nursing and Midwifery Staff Enterprise Agreement 2019. The Fair Work Commission, presided over by Deputy President J E Keddie, was tasked with determining whether the enterprise agreement met the statutory requirements for approval. The agreement was submitted for consideration under the Fair Work Act 2009, with the Commission required to assess whether the agreement adhered to the prerequisites for approval, including compliance with the good faith bargaining requirement and the absence of any contravention of the Fair Work Act.

The primary legal issue before the Commission was whether the agreement had been made in good faith and whether it complied with the statutory requirements for approval. This involved a detailed examination of the bargaining process and the content of the agreement. The Commission considered whether the agreement was sufficiently detailed and whether it complied with the Fair Work Act’s provisions regarding minimum entitlements. The Commission also had to ensure that the agreement did not contain any terms that were contrary to the public interest or that had been made in bad faith.

In delivering the decision, Deputy President Keddie found that the agreement had been made in good faith and met the statutory requirements for approval. The Deputy President considered the evidence presented regarding the bargaining process and concluded that the agreement was comprehensive and addressed the key issues that were bargained over. The Deputy President also found that the agreement did not contain any terms that were contrary to the public interest or that had been made in bad faith. The Deputy President was satisfied that the agreement provided for minimum entitlements as required by the Fair Work Act and that it did not contravene any other provisions of the Act.

The Fair Work Commission approved the Canberra Mothercraft Society Nursing and Midwifery Staff Enterprise Agreement 2019, certifying it as a registered agreement. This decision ensures that the agreement will be binding on the parties and will provide a framework for the employment conditions of nursing and midwifery staff at the Society. The approval of the agreement reflects the Commission’s determination that it was made in good faith and complies with the statutory requirements for approval.

Canberra Mothercraft Society Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established