DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Communities Incorporated T/A Uniting Communities
(AG2019/998)

UNITING COMMUNITIES NURSING EMPLOYEES & ANMF-SA ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	SYDNEY, 17 APRIL 2019

Application for approval of the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting Communities Incorporated T/A Uniting Communities. 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 is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Uniting Communities Incorporated, trading as Uniting Communities, brought an application before the Fair Work Commission concerning the approval of the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2017. The dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009 for approval and registration. The Australian Nursing and Midwifery Federation (SA Branch) represented the nursing employees in this matter.

The central legal issues before the Commission involved assessing if the agreement was a bona fide enterprise agreement, if it was made in good faith, and if it contained all the mandatory terms prescribed by the Act. Additionally, the Commission needed to determine if the agreement had been fairly negotiated and if the proper procedures had been followed in its formation and presentation. The fairness and reasonableness of the terms within the agreement were also scrutinized.

The Fair Work Commission determined that the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2017 was indeed a bona fide enterprise agreement, made in good faith, and contained all the mandatory terms required by the Fair Work Act 2009. The Commission found that the agreement had been fairly negotiated and that the appropriate procedures had been adhered to during its formation. Furthermore, the Commission considered the terms of the agreement to be fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the agreement and ordered its registration.

Uniting Communities Incorporated T/A Uniting Communities

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established