FORREST CENTRE AND THE NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION/ANMF NSW BRANCH NURSES ENTERPRISE AGREEMENT 2016 Summary

[2016] FWCA 2120

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre

Pty Ltd T/A The Forrest Centre

(AG2016/2563)

FORREST CENTRE AND THE NEW SOUTH WALES NURSES AND

MIDWIVES’ ASSOCIATION/ANMF NSW BRANCH NURSES

ENTERPRISE AGREEMENT 2016

Health and welfare services

COMMISSIONER JOHNS

SYDNEY, 5 APRIL 2016

Application for approval of the Forrest Centre and the New South Wales Nurses and

Midwives’ Association/ANMF NSW Branch Nurses Enterprise Agreement 2016.

[1] On 18 March 2016 The Mary Potter Nursing Home and The Ethel Forrest Day Care

Centre Pty Ltd T/A The Forrest Centre (Applicant) made an application for approval of the

Forrest Centre and the New South Wales Nurses and Midwives’ Association/ANMF NSW

Branch Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant

to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise

agreement.

[2] The Agreement was lodged within 14 days after it was made.
[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of

the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this

organisation.
[2016] FWCA 2120

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 12 March 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre (Applicant) against the New South Wales Nurses and Midwives’ Association/ANMF NSW Branch, the Applicant sought approval for the Forrest Centre and the New South Wales Nurses and Midwives’ Association/ANMF NSW Branch Nurses Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The matter was heard by Commissioner Johns at the Fair Work Commission. The Agreement in question was a single-enterprise agreement that was lodged within 14 days of its creation.

The legal issues that the Fair Work Commission needed to address included whether the Agreement met the requirements set out in sections 186, 187, and 188 of the Fair Work Act, and whether the Australian Nursing and Midwifery Federation, as a bargaining representative, had properly notified the Commission of its desire for the Agreement to cover it. The Commission found that all statutory requirements were met, including the notice provided by the Australian Nursing and Midwifery Federation under section 183 of the Act. The Agreement was deemed to cover this organisation in accordance with section 201(2) of the Act.

Upon finding that the requirements of the Fair Work Act were satisfied, Commissioner Johns approved the Agreement. The Agreement was set to operate from 12 March 2016, with a nominal expiry date of 31 March 2019, as per section 54 of the Act. The decision was rendered on 5 April 2016.

FORREST CENTRE AND THE NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION/ANMF NSW BRANCH NURSES ENTERPRISE AGREEMENT 2016

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established