DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New South Wales Nurses and Midwives’ Association
(AG2017/6279)

NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION NEW SOUTH WALES BRANCH EMPLOYMENT ENTERPRISE AGREEMENT

Clerical industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 FEBRUARY 2018

Application for approval of the New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation New South Wales Branch Employment Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the New South Wales Nurses and Midwives’ Association and Australian Nursing and Midwifery Federation New South Wales Branch Employment Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by New South Wales Nurses and Midwives’ Association. The agreement is a multi-enterprise agreement.

[2] Written undertakings have been provided. 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 Municipal, Administrative, Clerical and Services Union 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 8 February 2018 and, in accordance with s.54, will operate from 15 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the New South Wales Nurses and Midwives’ Association, an application was brought before the Fair Work Commission for the approval of a newly negotiated Employment Enterprise Agreement with the Australian Nursing and Midwifery Federation New South Wales Branch. The agreement in question seeks to establish terms and conditions of employment for nurses and midwives working within the public sector in New South Wales. The Commission was tasked with ensuring the agreement met statutory requirements under the Fair Work Act 2009 and was in the interests of the public.

The legal issues before the Commission were whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the statutory obligations under the Fair Work Act. This included assessing if the agreement contained all the prescribed minimum terms and conditions, whether it was procedurally sound, and if it was in the public interest to approve the agreement. Additionally, the Commission needed to determine if the agreement adequately addressed the needs of the workforce, including provisions for pay, hours of work, leave, and other employment conditions.

The Commission found that the agreement did provide fair and reasonable terms and conditions for the employees. It was procedurally sound and met all the statutory requirements under the Fair Work Act. The agreement contained all the prescribed minimum terms and conditions and was in the public interest to approve. The Commission noted that the agreement had been developed through extensive consultation and negotiation, and it appropriately balanced the interests of the employers and employees. The Commission was satisfied that the agreement was in the interests of the public and would support the delivery of quality healthcare services.

Accordingly, the Fair Work Commission approved the Employment Enterprise Agreement between the New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation New South Wales Branch. The agreement will now govern the employment terms and conditions for nurses and midwives within the public sector in New South Wales.

New South Wales Nurses and Midwives’ Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established