DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FHMC Pty Ltd
(AG2018/2830)

FHMC PTY LTD AND ANMF PRACTICE NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 OCTOBER 2018

Application for approval of the FHMC Pty Ltd and ANMF Practice Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FHMC Pty Ltd and ANMF Practice Nurses 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 FHMC Pty Ltd. 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 (ANMF) 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 6 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the FHMC Pty Ltd and ANMF Practice Nurses Enterprise Agreement 2018, the Fair Work Commission was tasked with determining the validity of the agreement and its compliance with the relevant legislative provisions. The application was brought by the Australian Nursing and Midwifery Federation (ANMF) on behalf of the employees and the FHMC Pty Ltd, a company operating within the healthcare sector. The primary dispute centred on whether the agreement met the statutory criteria for approval, particularly in relation to the procedural fairness and the compliance with the Fair Work Act 2009.

The court was required to consider whether the agreement was genuinely negotiated between the employer and the union, and whether it contained the necessary provisions regarding minimum wages, conditions, and other terms and conditions of employment. Additionally, the court had to ensure that the agreement adhered to the procedural requirements outlined in the Fair Work Act, including the provision of necessary information to employees and the opportunity for objections and responses. The court also needed to verify that the agreement did not contravene any provisions of the Act, particularly those related to unfair dismissal and other protections for employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The court was satisfied that the agreement contained all necessary provisions regarding minimum wages and conditions, and that the procedural fairness requirements were met. The Commission noted that the employer had provided adequate information to employees and allowed for objections and responses as required by law. The agreement was found to comply with all relevant provisions of the Fair Work Act, and no objections raised were deemed to be valid or substantial enough to warrant disapproval. The Commission approved the agreement, confirming its validity and compliance with the legislative framework.

The final orders of the Commission included the approval of the FHMC Pty Ltd and ANMF Practice Nurses Enterprise Agreement 2018, subject to the conditions and terms set out in the agreement. The Commission directed that the agreement would come into effect from a specified date, and that it would be binding on all parties involved, including the employer, the union, and the employees. The decision was made in accordance with the statutory provisions and the principles of fairness and procedural integrity.

FHMC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established