| [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
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.
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.
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.
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
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.
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.
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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- AGLC
- Sexual Health Information Networking and Education South Australia (Shine Sa) Limited [2025] FWCA 847
- Case
- [2025] FWCA 847
- Decision Date
CaseChat Overview and Summary
The legal issues central to this case revolved around whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained terms that met the 'better off overall test', ensuring that the employees were not disadvantaged by the terms of the agreement compared to their previous conditions. The Commission also needed to verify that the agreement was free from prohibited content and complied with the procedural requirements for enterprise agreements.
The Fair Work Commission, after considering the submissions from both parties, found that the agreement satisfied the better off overall test. The Commission noted that the agreement provided for improvements in various terms and conditions of employment, such as wages, leave entitlements, and working conditions, which collectively resulted in the employees being better off overall. The Commission further determined that the agreement did not contain any terms that were contrary to the provisions of the Fair Work Act and was therefore free from prohibited content. Additionally, the procedural requirements for the negotiation and execution of the agreement were met. Based on these findings, the Commission approved the enterprise agreement.
The Fair Work Commission approved the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2024, effective from 1 April 2024.
Orders
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Background
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Evidence
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Decision
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