DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Paul Village
(AG2016/4373)

JOHN PAUL VILLAGE AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2016-2019

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the John Paul Village and NSWNMA/ANMF Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the John Paul Village and NSWNMA/ANMF Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Paul Village. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Federal Court of Australia involved an application for the approval of the John Paul Village and the NSW Nurses and Midwives' Association/Australian Nurses and Midwives' Federation Enterprise Agreement 2016-2019. The application was brought by the Australian Health Services Union, and the respondent was the NSW Nurses and Midwives' Association. The dispute centred around whether the enterprise agreement, which detailed terms and conditions of employment for nurses and midwives in New South Wales, should be approved and registered by the Fair Work Commission.

The legal issues the court needed to resolve included whether the agreement met the requirements of the Fair Work Act 2009, specifically if it promoted the efficient and productive operation of workplaces and contained provisions that ensured fairness. The court also needed to consider whether the agreement provided for the protection of employees from adverse action and whether it was in the best interests of the employees it covered. The court's role was to ensure that the agreement was consistent with the principles of the Fair Work Act and did not have any detrimental effects on the employees or the public interest.

The court examined the contents of the enterprise agreement and found that it contained provisions that ensured fairness and promoted the efficient and productive operation of workplaces. The agreement also provided for the protection of employees from adverse action and was in their best interests. The court determined that the agreement was consistent with the principles of the Fair Work Act and did not have any detrimental effects on the employees or the public interest. Consequently, the court approved and registered the enterprise agreement. This decision was made to ensure that the terms and conditions of employment for nurses and midwives in New South Wales were fair and conducive to the efficient operation of healthcare facilities.

John Paul Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established