Nganampa Health Council Inc Summary

[2023] FWCA 774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nganampa Health Council Inc

(AG2023/326)

Nganampa Health Council Inc Nursing Employees & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2023

Indigenous organisations and services
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2023

Application for approval of the Nganampa Health Council Inc Nursing Employees & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Nganampa Health Council Inc Nursing Employees & Australian Nursing and Midwifery Federation South Australian Branch Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Australian Nursing and Midwifery Federation (ANMF) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Nganampa Health Council Inc sought approval of its 2023 Nursing Employees Enterprise Agreement with the Australian Nursing and Midwifery Federation South Australian Branch. The Fair Work Commission, the relevant authority, was the court in this matter. The primary issue before the Commission was whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009. This included ensuring the agreement was in the best interests of the employees, did not discriminate unfairly, and adhered to the procedural requirements for fair bargaining.

The Commission examined the evidence and submissions from both parties, focusing on the provisions of the agreement, the process of bargaining, and the context of the agreement within the industry. The Nganampa Health Council Inc argued that the agreement was fair and reasonable, reflecting the specific needs and conditions of their workplace. The Australian Nursing and Midwifery Federation South Australian Branch supported the agreement, highlighting its alignment with industry standards and the benefits it provided to employees. The Commission found that the agreement was made in good faith, without coercion, and included provisions that were fair and reasonable. It was also noted that the agreement contained no discriminatory provisions and was consistent with relevant industrial instruments.

In light of the findings, the Commission approved the enterprise agreement, confirming its compliance with the relevant legal standards. The approval was based on the evidence that the agreement was made in good faith, was fair and reasonable, and did not contain any discriminatory terms. The Commission also took into account the specific needs of the workplace and the benefits provided to the employees. The decision concluded that the agreement met all necessary requirements for approval under the Fair Work Act 2009.

Nganampa Health Council Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established