DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mark Moran at Little Bay Pty Ltd
(AG2020/4056)

MARK MORAN AT LITTLE BAY PTY LIMITED AND NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT, 2020 TO 2023

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 JANUARY 2021

Application for approval of the Mark Moran at Little Bay Pty Limited and NSWNMA/ANMF NSW Branch Enterprise Agreement, 2020 to 2023.

[1] Mark Moran at Little Bay Pty Ltd has applied for approval of a single enterprise agreement known as the Mark Moran at Little Bay Pty Limited and NSWNMA/ANMF NSW Branch Enterprise Agreement, 2020 to 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 8 January 2021 and, in accordance with s.54, will operate from 15 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, Mark Moran at Little Bay Pty Ltd, sought approval of the Mark Moran at Little Bay Pty Limited and NSWNMA/ANMF NSW Branch Enterprise Agreement, 2020 to 2023. The respondents were the employer, represented by Mark Moran at Little Bay Pty Ltd, and the union, represented by the NSWNMA/ANMF NSW Branch. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The primary legal issues before the Commission involved the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission had to determine whether the agreement met the 'better off overall test' and was free from any unfair provisions. This included assessing if the proposed terms and conditions were consistent with the relevant industrial instruments and did not undermine the employees' rights or entitlements.

The Commission, after reviewing the submissions and evidence presented, found that the proposed agreement did indeed meet the 'better off overall test'. It concluded that the agreement was fair and did not contain any provisions that would be considered unfair under the Act. The Commission highlighted that the agreement provided for adequate protections and benefits for the employees, ensuring that they were not disadvantaged by the terms proposed. The Commission approved the agreement, subject to the conditions outlined in the order.

The final orders included the approval of the enterprise agreement, with certain conditions such as the need for a formal dispute resolution process to be implemented. The agreement was to be in effect from the date of the decision and would bind both parties for the duration specified. The decision underscored the importance of ensuring that all parties involved in the agreement were fairly treated and that the terms reflected a balanced approach to the needs of both employers and employees.

Mark Moran at Little Bay Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established