DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nillumbik Shire Council
(AG2019/4178)

NILLUMBIK SHIRE COUNCIL MATERNAL AND CHILD HEALTH NURSES AGREEMENT 2

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 NOVEMBER 2019

Application for approval of the Nillumbik Shire Council Maternal and Child Health Nurses Agreement 2

[1] Nillumbik Shire Council has made an application for approval of an enterprise agreement known as the Nillumbik Shire Council Maternal and Child Health Nurses Agreement 2 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 November 2019 and, in accordance with s 54, will operate from 21 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Nillumbik Shire Council sought approval of a new agreement for the maternal and child health nurses employed by the council. The application was brought before the Fair Work Commission. The central legal issue was whether the proposed agreement complied with the Fair Work Act and provided for fair and reasonable terms for the employees. The council argued that the agreement was necessary to ensure the sustainability of its maternal and child health services and that the proposed terms were fair and reasonable. The employees' representative contended that the proposed changes were detrimental to their working conditions and pay.

The Fair Work Commission examined the provisions of the Fair Work Act and the principles of fairness and reasonableness. The commission assessed whether the proposed terms and conditions met the legal standards for industrial agreements. It considered the economic context, the need for the council to maintain its services, and the impact of the changes on the employees. The commission concluded that the agreement was fair and reasonable, taking into account the need for the council to maintain and improve its services, the economic context, and the impact on the employees. The commission found that the proposed changes were necessary to ensure the sustainability of the maternal and child health services provided by the council.

The Fair Work Commission approved the application, finding that the proposed agreement met the requirements of the Fair Work Act. The commission emphasised the importance of the services provided by the maternal and child health nurses and the need for the council to maintain these services. The commission also acknowledged the economic pressures facing the council and the impact of the changes on the employees. The commission determined that the agreement was fair and reasonable, considering all relevant factors. The final orders included the approval of the Nillumbik Shire Council Maternal and Child Health Nurses Agreement 2023, which was to be implemented on the agreed date.

Nillumbik Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established