Nganampa Health Council Inc

[2013] FWCA 9741

FAIR WORK COMMISSION

DECISION

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

Nganampa Health Council Inc
(AG2013/11790)

NGANAMPA HEALTH COUNCIL INC COMMUNITY HEALTH NURSING EMPLOYEES & ANMF SA BRANCH ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 11 DECEMBER 2013

Application for approval of the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nganampa Health Council Inc. 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 and Midwifery 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 18 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nganampa Health Council Inc, sought approval of an enterprise agreement, the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2013, under the Fair Work Act 2009. The Fair Work Commission was the court tasked with deciding whether to approve the agreement. The legal issues before the Commission were whether the agreement was in the public interest, complied with the Fair Work Act, and was appropriately certified.

The Commission found that the agreement met the requirements of the Fair Work Act and was appropriately certified. It considered the public interest factors, including the impact on the health and wellbeing of employees, the effect on the applicant’s financial position, and the broader economic context. The Commission noted that the agreement provided for fair and reasonable terms for employees while allowing the applicant to maintain financial stability. The Commission concluded that the agreement was in the public interest and approved it.

The Commission's decision was based on a comprehensive analysis of the evidence and arguments presented by both parties. The Commission considered the economic context, the impact of the agreement on employees, and the applicant’s financial position. The Commission found that the agreement provided for fair and reasonable terms for employees while allowing the applicant to maintain financial stability. The Commission approved the agreement, noting that it was in the public interest. The Commission ordered that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established