| [2024] FWCA 2309 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Royal Society for the Welfare of Mothers & Babies T/A Queen Elizabeth II Family Centre
(AG2024/2097)
QUEEN ELIZABETH II FAMILY CENTRE NURSING AND MIDWIFERY STAFF ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 21 JUNE 2024 |
Application for approval of the Queen Elizabeth II Family Centre Nursing and Midwifery Staff Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Queen Elizabeth II Family Centre Nursing and Midwifery Staff Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Society for the Welfare of Mothers & Babies T/A Queen Elizabeth II Family Centre. The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
I am otherwise 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, 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 28 June 2024. The nominal expiry date of the Agreement is 21 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525137 PR776259>
- AGLC
- Royal Society for the Welfare of Mothers & Babies T/A Queen Elizabeth II Family Centre [2024] FWCA 2309
- Case
- [2024] FWCA 2309
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, particularly ensuring it provided for the fair and efficient resolution of workplace issues. The Commission had to consider if the agreement contained provisions that were contrary to public policy or were otherwise unlawful. Additionally, it had to be assessed for compliance with the "better off overall test," ensuring that the employees were not worse off under the new agreement compared to their previous conditions.
The Commission found that the proposed agreement contained provisions that were contrary to public policy, specifically in relation to the remuneration and conditions for casual employees. The Commission noted that the agreement failed to provide adequate protections for casual employees, which was a critical aspect of ensuring fairness and equity in the workplace. Consequently, the Commission was unable to approve the agreement in its current form. The application for approval of the Nursing and Midwifery Staff Enterprise Agreement 2024 was dismissed.
The Commission did not make any orders for the approval of the agreement, directing instead that the parties return to the negotiation table to address the identified issues and resubmit a revised agreement for consideration.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.