DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandy Fogarty
(AG2018/6413)

AUSTRALIAN NURSING AND MIDWIFERY ACCREDITATION COUNCIL (ANMAC) LTD ENTERPRISE AGREEMENT 2019-2021

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Australian Nursing and Midwifery Accreditation Council (ANMAC) Ltd Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Nursing and Midwifery Accreditation Council (ANMAC) Ltd Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ms Mandy Fogarty. 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement lodged contained an error in Appendix 1. On 20 February 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 20 February 2019 and, in accordance with s.54, will operate from 27 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mandy Fogarty was the applicant seeking approval of the Australian Nursing and Midwifery Accreditation Council (ANMAC) Ltd Enterprise Agreement 2019-2021. The respondent was ANMAC Ltd. The matter was heard in the Fair Work Commission. The primary dispute centred around the approval of the enterprise agreement between ANMAC Ltd and the relevant employees, as well as the fairness of the agreement's terms and conditions.

The court had to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement was free from any illegality, if it had been genuinely agreed upon by the relevant parties, and if it complied with the procedural requirements of the Act. The court also had to assess the fairness of the agreement's terms and conditions, considering factors such as the nature of the work, the interests of employees and employers, and the overall balance of the agreement.

The court found that the agreement was free from any illegality and had been genuinely agreed upon by the relevant parties. The court further determined that the agreement complied with the procedural requirements of the Fair Work Act. In assessing the fairness of the agreement's terms and conditions, the court considered the nature of the work, the interests of both employees and employers, and the overall balance of the agreement. The court concluded that the agreement was fair and approved it.

Mandy Fogarty

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established