DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minda Incorporated
(AG2017/1811)

MINDA INCORPORATED NURSING EMPLOYEES & ANMF SOUTH AUSTRALIA BRANCH ENTERPRISE AGREEMENT NO. 7, 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 19 JUNE 2017

Application for approval of the Minda Incorporated Nursing Employees & ANMF South Australia Branch Enterprise Agreement No. 7, 2017.

[1] On 23 May 2017 Minda Incorporated (Applicant) made an application for approval of the Minda Incorporated Nursing Employees & ANMF South Australia Branch Enterprise Agreement No. 7, 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation (South Australian Branch), 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 June 2017. 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 application for approval of the Minda Incorporated Nursing Employees & ANMF South Australia Branch Enterprise Agreement No. 7, 2017, was heard in the Fair Work Commission. The applicant, the Australian Nursing and Midwifery Federation (SA Branch), sought approval of the agreement which sets out the terms and conditions of employment for nursing employees of Minda Incorporated. The dispute arose as the applicant argued the agreement was fair and reasonable, while the respondent, Minda Incorporated, raised objections to certain clauses, contending they were not in accordance with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as outlined in section 233 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the public interest, and whether it provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights. The Commission also needed to assess the fairness of the agreement's provisions in terms of wages and conditions, ensuring they were not less favourable than the applicable awards or the general industrial entitlements.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the agreement substantially met the criteria for approval. The Commission found that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions of employment that balanced the needs of both employers and employees. The Commission further determined that the agreement contained appropriate mechanisms for resolving disputes and protecting employees' rights, despite the respondent's objections. Regarding the fairness of wages and conditions, the Commission was satisfied that the agreement did not result in employees being less favourably treated than under the relevant awards or industrial entitlements.

The Commission approved the Minda Incorporated Nursing Employees & ANMF South Australia Branch Enterprise Agreement No. 7, 2017, as a registered agreement under section 178 of the Fair Work Act. The agreement is now enforceable and binding on the parties from the date of registration.

Minda Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established