DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning NSW
(AG2016/4989)

FAMILY PLANNING NSW AND NSW NURSES AND MIDWIVES’ ASSOCIATION, NURSES AND MIDWIVES’ ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 29 SEPTEMBER 2016

Application for approval of the Family Planning NSW and NSW Nurses and Midwives’ Association, Nurses and Midwives’ Enterprise Agreement 2016.

[1] On 9 August 2016 Family Planning NSW (Applicant) made an application for approval of the Family Planning NSW and NSW Nurses and Midwives’ Association, Nurses and Midwives’ Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

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

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Family Planning NSW and the NSW Nurses and Midwives’ Association for approval of their Enterprise Agreement, effective from 2016. This agreement outlines the terms and conditions of employment for nurses and midwives working within Family Planning NSW. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive requirements for minimum standards set by the Act, including considerations of the agreement's impact on employees' pay and conditions.

The primary legal issues the Commission addressed were whether the agreement was fairly and genuinely negotiated, and whether it met the criteria for approval under the Fair Work Act. This involved scrutinising the bargaining process, examining the agreement's provisions, and assessing its fairness in light of the principles of industrial justice and the broader economic context. The Commission also considered whether the agreement provided for the fair and equitable treatment of employees, ensuring that it did not adversely affect employees' pay and conditions below the applicable minimum standards.

In its decision, the Fair Work Commission found that the agreement had been genuinely and fairly negotiated between the parties. The Commission determined that the agreement contained provisions that were fair and reasonable, and did not set pay and conditions below the applicable minimum standards. The agreement provided for a range of protections and entitlements for employees, including provisions for leave, overtime, and shift penalties, which were consistent with the principles of industrial justice. The Commission was satisfied that the agreement was in the best interests of the employees and met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Family Planning NSW and NSW Nurses and Midwives’ Association, Nurses and Midwives’ Enterprise Agreement 2016, effective from the date of the decision. The Commission noted that the agreement would provide certainty and stability for employees, and that it would be applicable to all nurses and midwives employed by Family Planning NSW. The decision was made in accordance with the Fair Work Act, and the agreement was registered as a valid enterprise agreement.

Family Planning NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established