| [2022] FWCA 1392 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nganampa Health Council Inc T/A Nganampa Health Council Inc
(AG2022/1045)
Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2020.
| Indigenous organisations and services | |
| COMMISSIONER LEE | MELBOURNE, 26 APRIL 2022 |
Application for approval of the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2020
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 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nganampa Health Council Inc T/A Nganampa Health Council Inc. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 4.5.5(b) – Termination of Employment.
· Clause 7.1.3 – Annual Leave.
· Clause 7.3.5(b) – Personal Leave.
· Clause 7.8.2 – Public Holidays.
However, noting clause 2.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2022. The nominal expiry date of the Agreement is 31 December 2022.
COMMISSIONER
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- AGLC
- Nganampa Health Council Inc T/A Nganampa Health Council Inc [2022] FWCA 1392
- Case
- [2022] FWCA 1392
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. This involved examining if the agreement provided for the employees' best interests, did not have an adverse effect on the employees' ability to exercise their workplace rights, and adhered to the relevant minimum terms and conditions set out in the Act. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Fair Work Regulations 2009.
In deliberating on the application, the Commission considered the content of the agreement, the submissions from both parties, and the broader implications for the employees. The Commission found that the agreement met the necessary criteria under the Fair Work Act 2009. It was concluded that the agreement was fair and reasonable, provided adequate protections for the employees, and did not unjustifiably limit their workplace rights. Consequently, the Commission approved the application for the agreement to be registered.
The Fair Work Commission approved the Nganampa Health Council Inc Community Health Nursing Employees & ANMF SA Branch Enterprise Agreement 2020, determining it to be in compliance with the requirements of the Fair Work Act 2009. This decision ensured that the agreement would be formally registered, providing a stable framework for the terms and conditions of employment for the community health nursing employees of the Nganampa Health Council.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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