Nillumbik Shire Council Summary

[2022] FWCA 3591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nillumbik Shire Council

(AG2022/4217)

Nillumbik Shire Council Maternal and Child Health Nurses Agreement 3

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 OCTOBER 2022

Application for approval of the Nillumbik Shire Council Maternal and Child Health Nurses Agreement 3

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 3 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on its declaration, I note that the Agreement covers the ANMF.

The Agreement was approved on 14 October 2022 and, in accordance with s 54, will operate from 21 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Nillumbik Shire Council applied for approval of the Maternal and Child Health Nurses Agreement under the Public Sector Management Act 1994. The agreement related to the employment of maternal and child health nurses employed by the Council. The application was lodged in the County Court of Victoria. The Council argued that the agreement was necessary to address the shortage of maternal and child health nurses and to ensure the provision of essential services to the community.

The legal issues before the Court were whether the agreement was consistent with the principles of fairness, reasonableness, and transparency as required by the Public Sector Management Act, and whether it complied with the relevant provisions of the Act. The Court considered whether the agreement was in the best interests of the public service and whether it would lead to improved outcomes for maternal and child health services.

The Court found that the agreement was consistent with the principles of fairness, reasonableness, and transparency as required by the Public Sector Management Act. The Court also found that the agreement complied with the relevant provisions of the Act and was in the best interests of the public service. The Court concluded that the agreement would lead to improved outcomes for maternal and child health services, including better access to services for the community.

The Court approved the Maternal and Child Health Nurses Agreement, and it became effective on the date of the Court's order. The approval of the agreement allowed the Council to implement the terms of the agreement and address the shortage of maternal and child health nurses in the region.

Nillumbik Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established