DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skin and Cancer Foundation Inc.
(AG2017/3944)

SKIN & CANCER FOUNDATION INC. AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2016 – 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Skin & Cancer Foundation Inc. and the Australian Nursing and Midwifery Federation Enterprise Agreement 2016 – 2020.

[1] An application has been made for approval of an enterprise agreement known as the Skin & Cancer Foundation Inc. and the Australian Nursing and Midwifery Federation Enterprise Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skin and Cancer Foundation Inc. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between the Skin & Cancer Foundation Inc. and the Australian Nursing and Midwifery Federation, spanning the years 2016 to 2020. The dispute centred on the terms of employment, wages, and working conditions as outlined in the proposed agreement. The parties were unable to reach a consensus on certain provisions, prompting the application to the Fair Work Commission for adjudication.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, specifically focusing on the requirements for employee representation, procedural fairness, and the overall benefit to employees. The Commission had to determine if the agreement met the 'better off overall test' and whether it contained all the necessary minimum terms and conditions as mandated by the legislation. Additionally, the Commission considered whether the agreement adequately represented the interests of the employees.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, found that the Enterprise Agreement substantially complied with the statutory requirements. The Commission concluded that the agreement provided a fair and reasonable outcome for the employees, meeting the better off overall test. It was noted that the agreement included all minimum terms and conditions and provided for adequate employee representation and procedural fairness. Consequently, the Commission approved the agreement, endorsing it as a fair and appropriate means of regulating the employment relationship between the parties.

The final orders of the Commission included the approval of the Enterprise Agreement between the Skin & Cancer Foundation Inc. and the Australian Nursing and Midwifery Federation, effective from 1 January 2016, and extending until 31 December 2020. The Commission emphasised the importance of continued adherence to the terms and conditions as set out in the approved agreement, ensuring that any future disputes would be resolved in accordance with the provisions of the Fair Work Act 2009.

Skin and Cancer Foundation Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established