SSJG Ministries Inc

[2021] FWCA 7051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSJG Ministries Inc
(AG2021/8558)

SSJG MINISTRIES INC REGISTERED NURSES ENTERPRISE AGREEMENT 2021

Aged care industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 DECEMBER 2021

Application for approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2021

[1] SSJG Ministries Inc has made an application for the approval of an enterprise agreement known as the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Nursing and Midwifery Federation (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 10 December 2021 and, in accordance with s 54, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, SSJG Ministries Inc, sought approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2021. The respondent, the Australian Nursing and Midwifery Federation (Victorian Branch), raised concerns regarding the agreement's provisions. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for the fair and reasonable terms and conditions of employment.

The court had to determine if the agreement contained appropriate mechanisms for resolving workplace disputes, if the provisions were consistent with the Fair Work Act, and whether the agreement provided for fair and reasonable terms and conditions of employment. The court also had to consider if the agreement complied with the national minimum standards and whether it included adequate provisions for the protection of vulnerable employees.

The Fair Work Commission found that the agreement generally provided for fair and reasonable terms and conditions of employment, with appropriate mechanisms for resolving workplace disputes. The court noted that while some provisions required minor adjustments to comply with the Fair Work Act, these could be rectified without fundamentally altering the agreement. The court was satisfied that the agreement provided adequate protections for vulnerable employees and did not breach any national minimum standards. Therefore, the application for approval was successful.

The Fair Work Commission approved the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2021, subject to the minor amendments required to ensure full compliance with the Fair Work Act. The court ordered that the agreement be registered and that the parties comply with the conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established