DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning NSW
(AG2020/860)

FAMILY PLANNING NSW AND NSW NURSES AND MIDWIVES’ ASSOCIATION NURSES AND MIDWIVES’ ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 MAY 2020

Application for approval of the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2020.

[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 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation New South Wales Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Family Planning NSW, applied to the Fair Work Commission (FWC) for approval of the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2020. The respondent, NSW Nurses and Midwives’ Association, did not object to the application. The primary dispute before the FWC was whether the terms of the Enterprise Agreement were in accordance with the requirements of the Fair Work Act 2009. The court had to determine if the agreement met the necessary criteria for approval, including whether it provided for minimum rates of pay, terms and conditions, and whether it complied with the provisions of the Act.

The FWC found that the Enterprise Agreement was in compliance with the statutory requirements. The agreement provided for minimum rates of pay, entitlements, and other terms and conditions of employment, which were fair and balanced. The FWC noted that the agreement had been negotiated in good faith and that it contained provisions for the protection of employee rights and interests. The FWC also found that the agreement did not contain any terms that were contrary to the provisions of the Act or that would undermine the safety and health of employees.

Having considered the evidence and submissions, the FWC approved the Enterprise Agreement. The FWC noted that the agreement provided for a fair and balanced outcome for both parties and that it met the requirements of the Act. The FWC emphasised the importance of enterprise agreements in providing for the fair and effective regulation of workplace relations. The FWC approved the Family Planning NSW and NSW Nurses and Midwives’ Association Nurses and Midwives’ Enterprise Agreement 2020, subject to the usual transitional provisions.

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