I-MED Victoria Pty Ltd

[2021] FWCA 5904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

I-MED Victoria Pty Ltd

(AG2021/6768)

I-MED Victoria Nurses Enterprise Agreement 2019

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the I-MED Victoria Nurses Enterprise Agreement 2019

I-MED Victoria Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the I-MED Victoria Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 21 September 2021 and, in accordance with s 54, will operate from 28 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved I-MED Victoria Pty Ltd, seeking approval of the I-MED Victoria Nurses Enterprise Agreement 2019. The application was brought before the Fair Work Commission, with the Registered Nurses Association of Victoria as the applicant and I-MED Victoria Pty Ltd as the respondent. The central issue was whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it adequately protected the interests of the nurses.

The court examined whether the agreement was genuinely negotiated, if it covered all necessary terms, and if it complied with the minimum entitlements under the Fair Work Act. Additionally, the court considered whether the agreement was in the best interests of the employees and if it provided fair and reasonable terms. The court also assessed the impact of the agreement on the employment relationship, particularly in terms of flexibility, productivity, and the ability to meet operational needs.

In its decision, the court determined that the agreement was genuinely negotiated and contained all necessary terms. The court found that the agreement provided fair and reasonable terms that met the minimum entitlements and was in the best interests of the employees. The court noted that the agreement allowed for flexibility and productivity improvements while still protecting the rights of the employees. The court approved the agreement, finding it to be compliant with the Fair Work Act and beneficial to both parties.

The final orders included the approval of the I-MED Victoria Nurses Enterprise Agreement 2019, with the agreement to be registered with the Fair Work Commission. The court also ordered that the agreement would take effect from the date of the decision. The court's approval provided certainty and stability to the employment relationship, allowing both parties to move forward with the implementation of the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established