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

[2014] FWCA 7522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sexual Health Information Networking & Education SA Inc T/A SHine SA
(AG2014/9372)

SHINE SA NURSING AND MIDWIFERY & ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 22 OCTOBER 2014

Application for approval of the SHine SA Nursing and Midwifery & ANMF Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SHine SA Nursing and Midwifery & ANMF Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sexual Health Information Networking & Education SA Inc T/A SHine SA. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 1 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Sexual Health Information Networking & Education SA Inc T/A SHine SA, the applicant sought approval of the SHine SA Nursing and Midwifery & ANMF Enterprise Agreement 2014. The application was heard in the Fair Work Commission, where the applicant argued that the agreement was suitable for approval under the Fair Work Act 2009. The primary concern of the application was whether the agreement adequately covered all the necessary aspects as required by the legislation and whether it was fair and reasonable for the employees involved.

The legal issues that the court needed to resolve included whether the agreement provided for proper consultation between the employer and the employees, whether it adequately addressed the terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act 2009. The court had to consider the overall fairness and reasonableness of the agreement, including any provisions that may have been negotiated between the parties.

The Fair Work Commission found that the agreement was fair and reasonable, as it provided for proper consultation and covered all the necessary terms and conditions of employment. The court noted that the agreement was the result of negotiations between the employer and the employees, and it was found to be in the best interests of both parties. The commission concluded that the agreement was suitable for approval under the Fair Work Act 2009 and approved the SHine SA Nursing and Midwifery & ANMF Enterprise Agreement 2014. This decision provided clarity and certainty for both the employer and the employees involved in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established