DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSJG Ministries Inc
(AG2017/4668)

SSJG MINISTRIES INC REGISTERED NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 14 FEBRUARY 2018

Application for approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2017.

[1] On 6 October 2017 SSJG Ministries Inc (Applicant) made an application for approval of the SSJG Ministries Inc Registered Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has indicated its acceptance of the undertakings.

[3] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 21 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of SSJG Ministries Inc involved the applicant, SSJG Ministries Inc, seeking approval of the Registered Nurses Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which is tasked with regulating and approving enterprise agreements under the Fair Work Act 2009. The applicants, who are employers, and the respondents, who are registered nurses, were in dispute over the terms of their employment agreement, specifically whether the agreement met the legal requirements for approval.

The legal issues that the Fair Work Commission had to decide centred on whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. This involved scrutinising the agreement's content to ensure it met the Fair Work Act's provisions for good faith bargaining, procedural fairness, and the protection of employees' rights. Additionally, the Commission had to examine whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was the product of genuine negotiations between the parties, as evidenced by the bargaining process and the content of the agreement. Furthermore, the Commission found that the agreement complied with the procedural requirements for approval and provided for fair and reasonable terms and conditions for the employees. Therefore, the Commission approved the Registered Nurses Enterprise Agreement 2017.

The Fair Work Commission approved the Registered Nurses Enterprise Agreement 2017, finding that it was the product of genuine negotiations and complied with the procedural requirements for approval. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees. This decision highlights the importance of genuine negotiations and compliance with the Fair Work Act's requirements in the approval of enterprise agreements.

SSJG Ministries Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established