DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nillumbik Shire Council
(AG2016/3980)

NILLUMBIK SHIRE COUNCIL MATERNAL AND CHILD HEALTH NURSES AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the Nillumbik Shire Council Maternal and Child Health Nurses Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nillumbik Shire Council Maternal and Child Health Nurses Agreement 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nillumbik Shire Council. The Agreement is a single enterprise agreement.

[2] 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) 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 6 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Nillumbik Shire Council sought approval for the Maternal and Child Health Nurses Agreement 2016. The application was brought before the Fair Work Commission (FWC) as it pertained to employment conditions and agreements. The primary parties involved were the Nillumbik Shire Council and the relevant unions representing the maternal and child health nurses.

The legal issues before the FWC were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the fair and reasonable terms and conditions for the nurses, and whether it complied with the relevant provisions of the Act. Specifically, the FWC needed to determine if the agreement was in the best interests of the employees and whether it met the necessary standards of procedural fairness.

The FWC found that the agreement was fair and reasonable, taking into account the specific circumstances and needs of the maternal and child health nurses. The decision was based on a comprehensive analysis of the agreement's terms, including the wages, hours of work, and other employment conditions. The FWC determined that the agreement satisfied the statutory criteria and was in the best interests of the employees. Consequently, the FWC approved the Maternal and Child Health Nurses Agreement 2016.

The FWC's decision was grounded in its interpretation of the relevant provisions of the Fair Work Act 2009 and its application to the specific facts of the case. The approval of the agreement by the FWC ensures that the terms and conditions for the maternal and child health nurses are fair and reasonable, thereby providing a stable and equitable employment framework for the parties involved.

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