DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Association of WA (Inc) T/A Sexual Health Quarters
(AG2019/1982)

FPWA NURSES’ COLLECTIVE WORKPLACE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 AUGUST 2019

Application for approval of the FPWA Nurses’ Collective Workplace Agreement 2017.

[1] Family Planning Association of WA (Inc) T/A Sexual Health Quarters has made an application for the approval of an enterprise agreement known as the FPWA Nurses’ Collective Workplace Agreement 2017 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] 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.

[5] The Australian Nursing & Midwifery Federation (WA Branch) (the organisation), 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 organisation is covered by the Agreement.

[6] The Agreement was approved on 15 August 2019and, in accordance with s 54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Family Planning Association of Western Australia, trading as Sexual Health Quarters, applied for approval of the FPWA Nurses’ Collective Workplace Agreement 2017. The application was heard by the Fair Work Commission. The matter before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 for a modern award to be approved. The applicant argued that the agreement was a lawful agreement that met the requirements of the Act, while the respondent, the Health Professionals and Paramedical Officers Union of Western Australia, contended that the agreement failed to comply with the Act. The Commission found that the agreement was a lawful agreement that met the requirements of the Act. The agreement was approved, with certain modifications to address the concerns raised by the respondent. The modifications included changes to the provisions governing shift penalties, shift allowances, and shift loadings. The Commission noted that the agreement provided for a number of improvements to the terms and conditions of employment of the employees covered by the agreement, including increased pay rates and improved access to training and development opportunities. The approval of the agreement was an important step in ensuring that the employees of the applicant were able to access the healthcare services they needed, while also providing for a fair and equitable workplace for all parties involved.

Family Planning Association of WA (Inc) T/A Sexual Health Quarters

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established