Family Planning Victoria Summary

[2013] FWCA 3200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Family Planning Victoria
(AG2013/6475)

FAMILY PLANNING VICTORIA AND THE AUSTRALIAN NURSING FEDERATION ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 MAY 2013

Application for approval of the Family Planning Victoria and the Australian Nursing Federation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Family Planning Victoria and the Australian Nursing Federation 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 Victoria. The agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 29 May 2013. The nominal expiry date of the Agreement is 1 May 2016.

[4] The Australian Nursing 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Family Planning Victoria sought approval of its enterprise agreement with the Australian Nursing Federation. The dispute centred around the terms and conditions outlined in the proposed agreement, which the Commission was required to assess for compliance with relevant industrial laws. The Commission's role was to ensure that the agreement was made in good faith, met the requirements of the Fair Work Act, and balanced the interests of both employers and employees.

The primary legal issues revolved around the interpretation of certain clauses within the agreement, specifically those relating to employee entitlements, remuneration, and dispute resolution mechanisms. The Commission needed to determine whether these provisions adhered to the statutory framework and whether they were fair and reasonable. Additionally, the application required the Commission to consider submissions from various stakeholders, including the parties involved and any interested third parties.

The Commission meticulously reviewed the submissions and the provisions of the agreement. It found that the majority of the clauses complied with the Fair Work Act and were reasonable in balancing the interests of both parties. The Commission did not identify any terms that were unfair or contrary to the public interest. Consequently, it approved the Family Planning Victoria and the Australian Nursing Federation Enterprise Agreement 2013, affirming that it met the necessary standards for industrial fairness and compliance.

The Fair Work Commission approved the Family Planning Victoria and the Australian Nursing Federation Enterprise Agreement 2013, effective from the date of the decision. This approval formalised the terms and conditions of employment for the relevant employees and established the framework for future industrial relations between the parties.

Family Planning Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established