Minda Incorporated

[2013] FWCA 3038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Minda Incorporated
(AG2013/6347)

MINDA INCORPORATED NURSING EMPLOYEES & ANF ENTERPRISE AGREEMENT NO. 6, 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 14 MAY 2013

Application for approval of the Minda Incorporated Nursing Employees & ANF Enterprise Agreement No. 6, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Minda Incorporated Nursing Employees & ANF Enterprise Agreement No. 6, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Minda Incorporated. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Minda Incorporated applied to the Fair Work Commission for approval of a new enterprise agreement. The applicants were the nursing employees and the Australian Nursing Federation, and the respondents were Minda Incorporated and the Australian Medical Association. The dispute centred on the terms of the proposed enterprise agreement, specifically those relating to the employees' working conditions, wages, and other employment-related matters. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. This included ensuring the agreement was made in good faith and was free from any improper influence or coercion. Additionally, the Commission had to determine whether the agreement provided fair and reasonable terms and conditions for the employees and whether it complied with any relevant modern awards or other industrial instruments.

The Commission examined the evidence and submissions from both parties and found that the agreement was made in good faith and was free from any improper influence or coercion. The Commission also found that the proposed agreement provided fair and reasonable terms and conditions for the employees and was compliant with any relevant modern awards or other industrial instruments. The Commission considered the agreement to be in the best interests of the employees and approved the Minda Incorporated Nursing Employees & ANF Enterprise Agreement No. 6, 2013. The Commission's decision was based on the evidence presented and the legal principles established under the Fair Work Act 2009.

The Commission approved the Minda Incorporated Nursing Employees & ANF Enterprise Agreement No. 6, 2013, effective from the date of the decision. The agreement will now apply to the employees and employers covered by the agreement, and the terms and conditions set out in the agreement will govern their employment relationship. The decision of the Commission is final and binding on both parties, and any disputes arising from the agreement will be resolved in accordance with the dispute resolution provisions contained within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established