DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Joan of Arc Villa
(AG2016/4455)

ST JOAN OF ARC VILLA AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2016-2019

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the St Joan of Arc Villa and NSWNMA/ANMF Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the St Joan of Arc Villa and NSWNMA/ANMF Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Joan of Arc Villa. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case concerning the St Joan of Arc Villa, the applicant sought approval of the New South Wales Nurses and Midwives Association/Australian Nursing and Midwifery Federation Enterprise Agreement 2016-2019. The dispute arose as the agreement needed formal approval from the Industrial Relations Commission of New South Wales. The court was tasked with determining whether the agreement complied with relevant industrial relations laws and if its approval would be in the best interests of the parties involved.

The primary legal issues before the court were whether the terms of the enterprise agreement were fair and reasonable and if they complied with the necessary legislative requirements. The court also had to consider if the agreement adequately addressed the rights and obligations of both the employer and the employees, ensuring it was not detrimental to the workforce or the institution's operational needs.

The court examined the contents of the enterprise agreement, including wages, working conditions, dispute resolution mechanisms, and other employment-related terms. After careful deliberation, the court concluded that the agreement was fair and reasonable, complying with all relevant legislative provisions. The terms were deemed to be beneficial for both the employees and the institution, providing a balanced and equitable framework for the employment relationship. The court approved the enterprise agreement, allowing it to take effect as intended.

St Joan of Arc Villa

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established