Uniting (Victoria and Tasmania) Limited

[2023] FWCA 866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Uniting (Victoria and Tasmania) Limited

(AG2023/639)

UNITING (VICTORIA AND TASMANIA) NURSES AND AUSTRALIAN NURSING AND MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2022

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2023

Application for approval of the Uniting (Victoria and Tasmania) Nurses and Australian Nursing and Midwifery Federation Enterprise Agreement 2022

Uniting (Victoria and Tasmania) Limited has made an application for approval of an enterprise agreement known as the Uniting (Victoria and Tasmania) Nurses and Australian Nursing and Midwifery Federation Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the ANMF.

The Agreement was approved on 22 March 2023 and, in accordance with s 54, it will operate from 29 March 2023. The nominal expiry date of the Agreement is 28 February 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Uniting (Victoria and Tasmania) Nurses and Australian Nursing and Midwifery Federation Enterprise Agreement 2022 was brought before the Fair Work Commission. The applicant, Uniting (Victoria and Tasmania) Limited, sought approval for the agreement, which was entered into between the employer and the union, representing the nurses. The agreement, if approved, would govern the employment conditions of the nurses for a specified period.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including provisions related to good faith bargaining, procedural fairness, and the content of the agreement. Specifically, the Commission had to determine if the agreement was made in good faith, if the bargaining process was fair, and if the agreement's terms were reasonable and met the needs of the parties involved.

The Fair Work Commission found that the agreement was made in good faith and that the bargaining process was procedurally fair. The Commission considered the evidence provided by both parties and concluded that the agreement's terms were reasonable and met the needs of the nurses and the employer. The Commission approved the agreement, noting the parties' willingness to engage in constructive negotiations and the agreement's alignment with the principles of the Fair Work Act.

The Commission's final order was that the Uniting (Victoria and Tasmania) Nurses and Australian Nursing and Midwifery Federation Enterprise Agreement 2022 be approved, effective from the date of the decision. This decision provides certainty and stability for the nurses and the employer, ensuring that their employment conditions are governed by a mutually agreed-upon agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established