DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skin Health Institute Inc
(AG2020/4150)

SKIN HEALTH INSTITUTE AND THE AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 27 JANUARY 2021

Application for approval of the Skin Health Institute and the Australian Nursing and Midwifery Federation Enterprise Agreement 2020.

[1] Application has been made by the Skin Health Institute Inc for approval of a single enterprise agreement known as the Skin Health Institute and the Australian Nursing and Midwifery Federation Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 30 April 2024.

[4] The Agreement covers the Australian Nursing and Midwifery Federation.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Skin Health Institute for the approval of an Enterprise Agreement with the Australian Nursing and Midwifery Federation. The nature of the dispute centred on the terms and conditions of employment for nurses and midwives working for the Institute. The Court was tasked with determining whether the proposed agreement complied with the necessary legislative requirements and provided for fair and reasonable terms.

The primary legal issue before the Court was whether the proposed Enterprise Agreement met the criteria set out in the Fair Work Act 2009. This included assessing if the agreement provided for a fair and reasonable balance of employee and employer interests, and if it contained the minimum terms and conditions as prescribed by the Act. The Court also needed to determine if the agreement was negotiated in good faith and if it contained provisions for the protection of employees' rights and interests.

The Court found that the proposed Enterprise Agreement met all the necessary legal requirements. It provided for a fair and reasonable balance of employee and employer interests, contained the minimum terms and conditions as prescribed by the Act, and was negotiated in good faith. Furthermore, the agreement contained provisions for the protection of employees' rights and interests, such as provisions for redundancy and termination. The Court concluded that the agreement was fair and reasonable and approved the Enterprise Agreement.

In summary, the Fair Work Commission approved the proposed Enterprise Agreement between the Skin Health Institute and the Australian Nursing and Midwifery Federation. The agreement was found to be fair and reasonable, and met all the necessary legal requirements under the Fair Work Act 2009. The Court's decision provides certainty for both the Institute and the employees, ensuring that their rights and interests are protected under the terms of the agreement.

Skin Health Institute Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established