DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Family Planning Association of WA (Inc) T/A Sexual & Reproductive Health WA
(AG2015/6006)

FPWA NURSES’ COLLECTIVE WORKPLACE AGREEMENT 2014

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the FPWA Nurses’ Collective Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FPWA Nurses’ Collective Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Family Planning Association of WA (Inc) T/A Sexual & Reproductive Health WA. 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.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 November 2015 and, in accordance with s.54 of the Act, will operate from 12 November 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Family Planning Association of WA (Inc) trading as Sexual & Reproductive Health WA, the applicant sought approval of the FPWA Nurses’ Collective Workplace Agreement 2014 from the Fair Work Commission. The application was brought forward to address the need for the agreement to be recognised as a lawful and equitable framework governing the employment conditions of nurses within the organisation.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the necessary criteria for approval, including ensuring that it did not undermine the rights and protections afforded to employees under the Fair Work Act. The court also needed to assess if the agreement was made in good faith and whether it provided for the fair treatment of employees.

The court examined the provisions of the agreement and found that it did not include any terms that were contrary to the objectives of the Fair Work Act. The agreement was deemed to be made in good faith, and the court was satisfied that it provided for the fair treatment of employees, including provisions for minimum wages, leave entitlements, and other employment conditions. The court approved the agreement, recognising it as a lawful and equitable framework for the employment of nurses within the organisation.

In approving the agreement, the court issued orders to ensure that the agreement would be implemented in accordance with the terms set out. The court also noted that the agreement would remain in effect until such time as it was replaced by a new agreement or terminated in accordance with the Fair Work Act. This decision provided clarity and certainty for both the organisation and its employees, ensuring that their employment conditions were governed by a legally recognised and fair agreement.

The Family Planning Association of WA (Inc) T/A Sexual & Reproductive Health WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established