Sexual Health Information Networking and Education South Australia (Shine Sa) Limited

[2025] FWCA 847

[2025] FWCA 847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sexual Health Information Networking and Education South Australia (Shine Sa) Limited

(AG2025/423)

SHINE SA NURSING AND MIDWIFERY EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 7 MARCH 2025

Application for approval of the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2024

1. Sexual Health Information Networking and Education South Australia (SHINE SA) Limited T/A Sexual Health Information Networking and Education South Australia (SHINE SA) Limited (the Employer) has made an application for approval of an enterprise agreement known as the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 29 May 2024 and the Agreement was made on 14 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 7: Annual leave

• Clause 7.2.3: Public Holiday

1. However, noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54, will operate from 14 March 2025. The nominal expiry date of the Agreement is 10 December 2027.

COMMISSIONER

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