Ngala Family Services; Ngala Community Services Summary

[2013] FWCA 4023

FAIR WORK COMMISSION

DECISION

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

Ngala Family Services; Ngala Community Services
(AG2013/6872)

NGALA REGISTERED AND ENROLLED NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 21 JUNE 2013

Application for approval of the Ngala Registered and Enrolled Nurses Enterprise Agreement 2012.

[1] On 6 June 2013, Ngala Family Services and Ngala Community Services made application for approval of a single enterprise agreement to be known as the Ngala Registered and Enrolled Nurses Enterprise Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 27 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 28 June 2013.

[7] The nominal expiry date of this Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Ngala Family Services and Ngala Community Services sought approval of the Ngala Registered and Enrolled Nurses Enterprise Agreement 2012. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The central legal issues revolved around whether the agreement was a "good faith" bargain, as mandated by the Act, and if it contained all the necessary minimum terms and conditions of employment as stipulated by the Fair Work Regulations 2009. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees and was in line with the Fair Work Act's objectives.

The Commission meticulously reviewed the agreement to ascertain its compliance with the statutory provisions. It examined whether the agreement was genuinely negotiated in good faith and whether it provided for the minimum terms and conditions as required by the Fair Work Regulations. The Commission also assessed whether the agreement unfairly disadvantaged any employees or contravened the Act's objectives. After thorough consideration, the Commission concluded that the agreement met all the statutory requirements and was a fair and reasonable agreement, thus granting its approval.

The Fair Work Commission approved the Ngala Registered and Enrolled Nurses Enterprise Agreement 2012, finding it to be a genuine bargain made in good faith and compliant with the Fair Work Act and Regulations. The decision underscored the importance of ensuring that enterprise agreements are fair and reasonable, providing employees with adequate protections and terms of employment. The Commission's approval signified that the agreement was beneficial and did not unfairly disadvantage any group of employees, aligning with the objectives of the Fair Work Act. The final orders included the formal approval of the enterprise agreement, effective from the date of the decision.

Ngala Family Services; Ngala Community Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established