I-Med Victoria Pty Ltd T/A I-Med Victoria Pty Ltd

[2024] FWCA 2727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

I-Med Victoria Pty Ltd T/A I-Med Victoria Pty Ltd

(AG2024/2500)

I-MED VICTORIA AND TASMANIA NURSES ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 JULY 2024

Application for approval of the I-MED Victoria and Tasmania Nurses Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the I-MED Victoria and Tasmania Nurses Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by I-Med Victoria Pty Ltd T/A I-Med Victoria Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings dated 22 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Nurses Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

The ANMF, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved I-Med Victoria Pty Ltd, trading as I-Med Victoria Pty Ltd, and the Australian Nursing and Midwifery Federation, Tasmania Branch. The dispute was over the application for approval of the I-MED Victoria and Tasmania Nurses Enterprise Agreement 2023, which was to be heard by the Fair Work Commission. The primary concern was whether the agreement met the requirements of the Fair Work Act 2009 and if it complied with the relevant provisions for enterprise agreements.

The legal issues before the Commission were whether the proposed enterprise agreement was a "genuine" enterprise agreement and whether it complied with the mandatory provisions of the Fair Work Act. The Commission had to determine if the agreement was negotiated in good faith, if it covered only matters that could be the subject of an enterprise agreement, and if it included all required terms and conditions of employment. Additionally, the Commission examined whether the agreement met the statutory minimum standards for wages and conditions as stipulated by the Act.

In making its decision, the Commission found that the application for approval of the enterprise agreement did not meet the necessary criteria for several reasons. Firstly, the agreement failed to include all the required terms and conditions of employment as mandated by the Fair Work Act. Secondly, the negotiation process did not adhere to the good faith requirements, as evidenced by certain procedural shortcomings. Finally, the agreement did not comply with the statutory minimum standards for wages and conditions. Given these findings, the Commission determined that the application for approval of the enterprise agreement should be rejected.

As a result of the Commission's decision, the application for approval of the I-MED Victoria and Tasmania Nurses Enterprise Agreement 2023 was dismissed. The parties were directed to address the identified deficiencies and resubmit the agreement for consideration, ensuring it complied with all statutory requirements and good faith negotiation principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established