DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sexual Health Information Networking & Education SA Inc T/A Shine SA
(AG2017/4917)

SHINE SA NURSING AND MIDWIFERY EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 FEBRUARY 2018

Application for approval of the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sexual Health Information Networking & Education SA Inc T/A Shine SA. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 February 2018 and, in accordance with s.54, will operate from 27 February 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Sexual Health Information Networking & Education SA Inc, trading as SHINE SA, sought approval for the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2017. The Australian Nursing and Midwifery Federation (ANMF) was the employer's representative, while the union represented the employees. The dispute centred around the terms and conditions of employment for nursing and midwifery staff within SHINE SA.

The key legal issues for the Commission to determine involved the fairness and reasonableness of the proposed enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any discriminatory provisions. Additionally, the Commission assessed whether the agreement adequately addressed the needs and interests of both the employer and the employees.

In its decision, the Commission found that the proposed enterprise agreement was fair and reasonable. It noted that the agreement provided for appropriate mechanisms for dispute resolution, adequate provisions for employee welfare, and equitable terms regarding pay and conditions. The Commission also considered the submissions from both the employer and the union, finding that the agreement was a balanced reflection of the parties' negotiations. Based on this analysis, the Commission approved the agreement, recognising its compliance with the statutory requirements and its appropriateness for the workforce.

The Commission's final order was to approve the SHINE SA Nursing and Midwifery Employees & ANMF Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, providing a clear framework for their relationship moving forward.

Sexual Health Information Networking & Education SA Inc T/A Shine SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established