DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Palliative Care Association Inc.
(AG2016/6376)

EASTERN PALLIATIVE CARE ASSOCIATION INC. AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NURSES AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Eastern Palliative Care Association Inc. and the Australian Nursing and Midwifery Federation Nurses Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Palliative Care Association Inc. and the Australian Nursing and Midwifery Federation Nurses Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Palliative Care Association Inc. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Eastern Palliative Care Association Inc., sought approval for the Australian Nursing and Midwifery Federation Nurses Agreement 2016. The respondent, the Australian Nursing and Midwifery Federation, opposed the application. The matter was heard in the Fair Work Commission. The primary legal issue was whether the agreement complied with the Fair Work Act 2009 and the relevant provisions governing enterprise agreements. The court needed to determine if the agreement met the criteria for approval, such as being a genuine enterprise agreement, providing for a safety net of minimum terms and conditions, and not including prohibited content.

The Fair Work Commission examined the agreement's provisions and found that it met the necessary criteria. The agreement was genuine, as it was made between the applicant and the respondent without any coercion. It provided for a safety net of minimum terms and conditions, ensuring fair treatment for the employees. The commission also determined that the agreement did not include any prohibited content, such as provisions that would undermine the safety net or discriminate against certain employees. Based on these findings, the commission approved the Australian Nursing and Midwifery Federation Nurses Agreement 2016.

The Fair Work Commission concluded that the agreement was a genuine enterprise agreement that provided for a safety net of minimum terms and conditions and did not include any prohibited content. Therefore, the commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act 2009. The decision was made in favour of the applicant, and the respondent's opposition was dismissed. The final order was the approval of the Australian Nursing and Midwifery Federation Nurses Agreement 2016, which became effective as of the date of the decision.

Eastern Palliative Care Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established