Skin Health Institute Inc T/A Skin Health Institute

[2025] FWCA 202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skin Health Institute Inc T/A Skin Health Institute

(AG2024/5220)

SKIN HEALTH INSTITUTE AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 20 JANUARY 2025

Application for approval of the Skin Health Institute and the Australian Nursing and Midwifery Federation Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Skin Health Institute and the Australian Nursing and Midwifery Federation Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skin Health Institute Inc T/A Skin Health Institute. The Agreement is a single enterprise agreement.

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.

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.

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

· Clause 19(f) - Casual Conversion.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Skin Health Institute Inc, trading as the Skin Health Institute, sought approval for the Australian Nursing and Midwifery Federation Enterprise Agreement 2024 from the Fair Work Commission. The application was made under the Fair Work Act 2009, which provides a framework for the regulation of workplace relations in Australia. The dispute centred on whether the proposed agreement met the legal requirements for approval, including provisions on wages, working conditions, and dispute resolution mechanisms.

The court was required to determine if the agreement adhered to the Fair Work Act and if it provided for fair and reasonable terms for employees. Key issues included whether the proposed conditions were consistent with the objectives of the Act, whether the agreement provided for the protection of employees' rights, and whether it appropriately balanced the interests of both employers and employees. The court also considered if the agreement had been fairly negotiated and if it contained provisions for the resolution of disputes in a manner that was fair and efficient.

In delivering its decision, the Fair Work Commission carefully reviewed the provisions of the proposed agreement against the statutory requirements set out in the Fair Work Act. The Commission found that the agreement was comprehensive and provided for fair and reasonable terms for employees. It was determined that the agreement appropriately balanced the interests of both parties and contained effective dispute resolution mechanisms. The Commission concluded that the agreement met the necessary criteria for approval and was in the best interests of both employers and employees. Consequently, the application for approval was granted.

The final orders of the Commission were that the Australian Nursing and Midwifery Federation Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. This decision was made on the basis that the agreement complied with all statutory requirements and provided for fair and reasonable terms for employees. The approval ensures that the agreement will govern the employment conditions of the relevant workforce, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established