Family Planning NSW

[2014] FWCA 3190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning NSW
(AG2014/895)

FAMILY PLANNING NSW AND NSW NURSES AND MIDWIVES’ ASSOCIATION NURSES AND MIDWIVES’ ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 MAY 2014

Application for approval of the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Family Planning NSW. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement

[3] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[5] .I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Family Planning NSW, the application was made for the approval of the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2013. The applicant, Family Planning NSW, sought the Fair Work Commission’s approval of the enterprise agreement, which governs the terms and conditions of employment for its nurses and midwives. The dispute arose due to the need to ensure the agreement complied with relevant industrial legislation and protected the rights and interests of both the employer and employees.

The primary legal issues the court needed to resolve were whether the agreement met the statutory requirements set forth in the Fair Work Act 2009 and whether it contained all the necessary provisions to be considered a lawful and fair enterprise agreement. The court had to determine if the agreement provided for minimum terms and conditions, including pay rates, leave entitlements, and working conditions, and if it was free from any prohibited content. Additionally, the court examined whether the agreement was made in good faith and whether the necessary consultation processes were followed.

The court, after thorough examination, found that the agreement complied with the statutory requirements and was free from prohibited content. The agreement was deemed to have been made in good faith and included all the necessary provisions to be considered lawful and fair. The court also determined that the consultation processes were appropriately followed and that the agreement met the standards set by the Fair Work Act 2009. Consequently, the court approved the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2013.

The final orders of the court approved the enterprise agreement, ensuring that it would govern the employment terms and conditions for nurses and midwives at Family Planning NSW. The approval provided certainty and stability for both the employer and employees, ensuring compliance with industrial legislation and the protection of their respective rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established