Epilepsy Foundation of Victoria Incorporated

[2021] FWCA 6702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epilepsy Foundation of Victoria Incorporated
(AG2021/8055)

EPILEPSY FOUNDATION NURSES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 NOVEMBER 2021

Application for approval of the Epilepsy Foundation Nurses Enterprise Agreement 2021

[1] The Epilepsy Foundation of Victoria Incorporated has made an application for approval of an enterprise agreement known as the Epilepsy Foundation Nurses Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Australian Nursing and Midwifery Federation (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) and based on its declaration, I note that the Agreement covers the ANMF.

[5] The Agreement was approved on 16 November 2021 and, in accordance with s 54, will operate from 23 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the Epilepsy Foundation Nurses Enterprise Agreement 2021. The applicant, Epilepsy Foundation of Victoria Incorporated, sought the approval of the Fair Work Commission. The agreement in question pertains to the terms and conditions of employment for nurses employed by the Epilepsy Foundation of Victoria. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the court included whether the agreement contained all the prescribed terms as required by the Fair Work Act, whether the agreement was made in good faith, and if it was fair and beneficial to the parties involved. Additionally, the court had to assess if the agreement provided for the proper classification and remuneration of the nurses, and whether it adhered to the principles of the National Employment Standards. The court also needed to consider the process through which the agreement was made, ensuring that it was not procedurally unfair.

In making its decision, the court examined the contents of the proposed agreement and the process by which it was negotiated. The court determined that the agreement was comprehensive and included all prescribed terms, thereby meeting the formal requirements of the Fair Work Act. The court found that the agreement was made in good faith and was fair and beneficial to both the employer and the employees. Furthermore, the court was satisfied that the agreement provided for proper classification and remuneration of the nurses, and that it complied with the National Employment Standards. The process of negotiation was deemed to be procedurally fair, with both parties having an opportunity to engage in meaningful discussions.

The court approved the Epilepsy Foundation Nurses Enterprise Agreement 2021, subject to the terms and conditions specified in the agreement. The approval ensures that the agreement will provide a framework for the employment of nurses at the Epilepsy Foundation of Victoria for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established