DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martindale ACF Pty Ltd
(AG2018/1106)

MARTINDALE ACF PTY.LTD AND ANMF NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2018

Application for approval of the Martindale ACF Pty.Ltd and ANMF Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Martindale ACF Pty.Ltd and ANMF Nursing Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martindale ACF Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 August 2018 and, in accordance with s.54, will operate from 13 August 2018. The nominal expiry date of the Agreement is 1 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Martindale ACF Pty Ltd, represented by the applicant, applied to the Fair Work Commission for the approval of the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2017. The respondent, Australian Nursing and Midwifery Federation, contested the application, raising concerns over the agreement's compliance with relevant laws and its impact on employees' rights and protections. The central issues before the court revolved around the validity of the proposed enterprise agreement and its alignment with the Fair Work Act 2009. The court had to determine whether the agreement met the legal requirements for approval, including the procedural fairness in its negotiation and the substantive fairness in terms of its provisions.

The court examined the procedural aspects of the agreement, considering whether the negotiation process adhered to the mandatory provisions outlined in the Fair Work Act. It also assessed the substantive fairness of the agreement, ensuring that it did not unfavourably discriminate against employees or undermine their rights and protections. The court took into account the evidence provided by both parties and the statutory criteria for approval, including whether the agreement contained the minimum terms and conditions required by law. In reaching its decision, the court emphasised the importance of protecting the rights and interests of employees while allowing for effective and efficient workplace arrangements.

After careful consideration, the court found that the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2017 met the necessary legal requirements for approval. The court concluded that the negotiation process was fair and transparent, and the agreement's provisions were consistent with the provisions of the Fair Work Act. Consequently, the application for approval was successful, and the agreement was deemed to be in effect from the date of the decision. The court's decision ensures that the agreement provides a fair and balanced framework for the employment relationship between Martindale ACF Pty Ltd and its nursing employees.

Martindale ACF 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