New South Wales Nurses and Midwives' Association Summary

[2013] FWCA 334

FAIR WORK COMMISSION

DECISION

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

New South Wales Nurses and Midwives' Association
(AG2012/14491)

NEW SOUTH WALES NURSES AND MIDWIVES' ASSOCIATION EMPLOYMENT ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 17 JANUARY 2013

Application for approval of the New South Wales Nurses and Midwives' Association 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 Employment Enterprise Agreement (“the Agreement”). The application has been made by New South Wales Nurses and Midwives’ Association (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch of the Australian Services Union and the Appointed Officers Branch of the New South Wales Nurses and Midwives’ Association concur with the content of the undertakings. These organisations have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2014.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the New South Wales Nurses and Midwives' Association for the approval of the New South Wales Nurses and Midwives' Association Employment Enterprise Agreement. The agreement, which was proposed to regulate the terms and conditions of employment for nurses and midwives in New South Wales, was subject to scrutiny due to its potential implications for both the employees and employers within the healthcare sector. The Fair Work Commission, as the body responsible for the approval of enterprise agreements under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the legal requirements for approval.

The primary legal issues that the Commission had to address included whether the agreement provided for the prescribed minimum entitlements, ensured fair and reasonable terms and conditions of employment, and complied with the procedural requirements for the approval of an enterprise agreement. Furthermore, the Commission had to consider whether the agreement adequately addressed issues such as the proper representation of the parties involved, the fairness of the bargaining process, and whether the agreement contained any provisions that were contrary to public policy.

The Commission examined the provisions of the proposed agreement and the evidence provided by both the Association and the employers. The Commission found that the agreement contained provisions that met the prescribed minimum entitlements and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement complied with the procedural requirements for approval and that there was proper representation of the parties involved. The Commission further found that the bargaining process was fair and that the agreement did not contain any provisions that were contrary to public policy. Therefore, the Commission approved the New South Wales Nurses and Midwives' Association Employment Enterprise Agreement.

The Fair Work Commission approved the New South Wales Nurses and Midwives' Association Employment Enterprise Agreement, subject to the conditions and modifications set out in the decision. This decision ensures that the agreement will regulate the terms and conditions of employment for nurses and midwives in New South Wales in a fair and reasonable manner, while also protecting the interests of both employees and employers within the healthcare sector.

New South Wales Nurses and Midwives' Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established