DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Tasmania
(AG2018/3722)

FAMILY PLANNING TASMANIA ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the Family Planning Tasmania Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning Tasmania Enterprise Agreement 2018 (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 Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Family Planning Tasmania Enterprise Agreement 2018. The applicant, Family Planning Tasmania, sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from elements that would undermine its effectiveness. Additionally, the Commission had to determine whether the agreement was consistent with the national minimum standards set out in the relevant modern awards.

In rendering its decision, the Commission considered the submissions from both parties and the evidence provided. It found that the agreement met the criteria for approval. The terms and conditions were deemed fair and reasonable, and the agreement did not contain any elements that would undermine its effectiveness. The Commission also confirmed that the agreement was consistent with the national minimum standards. Therefore, the application for approval was granted.

The final orders of the Commission included the approval of the Family Planning Tasmania Enterprise Agreement 2018, effective from the date of the decision. The agreement was to apply to the employees covered by it, and the terms and conditions set out in the agreement were to prevail over any inconsistent terms in the relevant modern awards.

Family Planning Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established