Diabetes Australia - Victoria Summary

[2014] FWCA 2843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diabetes Australia - Victoria
(AG2014/4010)

DIABETES AUSTRALIA - VICTORIA AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 1 MAY 2014

Application for approval of the Diabetes Australia - Victoria and Australian Nursing and Midwifery Federation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Diabetes Australia - Victoria and Australian Nursing and Midwifery Federation Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Diabetes Australia - Victoria (Applicant). The agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation (ANMF) has signed the undertakings indicating its support.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The ANMF 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Diabetes Australia – Victoria, along with the Australian Nursing and Midwifery Federation, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2013. The application was brought under section 231 of the Fair Work Act 2009, and the Commission was required to determine whether the agreement should be approved. The dispute centred around the terms of the agreement, which proposed to regulate the employment conditions of employees within the organisation.

The legal issues that the Commission needed to resolve were whether the agreement met the criteria for approval under the Fair Work Act and whether it complied with the provisions that govern the fair and equitable treatment of employees. Specifically, the Commission had to ensure that the agreement did not adversely affect employees by providing terms that were less favourable than the applicable minimum standards or existing awards and agreements. Furthermore, the Commission had to consider the balance between the bargaining power of the parties and the need to ensure that the agreement was not detrimental to employees.

The Commission deliberated on the fairness and reasonableness of the proposed agreement, taking into account the submissions from both parties and the applicable legal standards. After thorough consideration, the Commission found that the agreement did not contain terms that were less favourable than the applicable minimum standards and that it provided for the fair and equitable treatment of employees. The Commission also determined that the agreement was not contrary to the public interest and did not have any detrimental effects on the employees. Consequently, the Commission approved the agreement, finding it to be a fair and reasonable one.

The Fair Work Commission approved the Enterprise Agreement 2013 between Diabetes Australia – Victoria and the Australian Nursing and Midwifery Federation. The approval signifies that the agreement is considered fair and reasonable, and it meets the criteria for approval under the Fair Work Act. The decision reflects the Commission's consideration of the balance between the bargaining power of the parties and the need to ensure that the agreement is not detrimental to employees.

Diabetes Australia - Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established