SSJG Ministries Inc Summary

[2022] FWCA 905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SSJG Ministries Inc

(AG2022/341)

SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2021

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 15 MARCH 2022

Application for approval of the SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SSJG Ministries Inc. The Agreement is a single-enterprise agreement.

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.

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) of the Act I note that the Agreement covers the organisation.

The United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2021. The applicant, SSJG Ministries Inc, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as the applicant and the relevant trade union, Health Services Union, had reached an agreement on various terms and conditions of employment, including wages and other benefits, but required the Commission’s approval to formalise the agreement.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including whether it was made in good faith and without coercion, and whether it provided for the proper operation of the enterprise. The Commission also considered whether the agreement contained any terms that were contrary to public policy or otherwise unenforceable.

The Commission found that the agreement was made in good faith and without coercion and that it contained no terms that were contrary to public policy. The Commission also found that the agreement provided for the proper operation of the enterprise and that it complied with the procedural and substantive requirements of the Fair Work Act. The Commission approved the agreement as a registered agreement under the Fair Work Act.

The Commission made orders approving the SSJG Ministries Inc. Enrolled Nurse, Carer and Support Services Enterprise Agreement 2021 as a registered agreement under section 180 of the Fair Work Act. The agreement is now legally binding on the parties and will apply to all employees covered by the agreement.

SSJG Ministries Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established