DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

UnitingCare Wesley Adelaide Inc. T/A Uniting Communities
(AG2015/3046)

UNITING COMMUNITIES NURSING EMPLOYEES & ANMF-SA ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 25 JUNE 2015

Application for approval of the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by UnitingCare Wesley Adelaide Inc. 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act 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 2 July 2015. The nominal expiry date of the Agreement is 24 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UnitingCare Wesley Adelaide Inc. trading as Uniting Communities applied to the Fair Work Commission for approval of the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2015. The dispute arose from negotiations between the employer and the Australian Nursing and Midwifery Federation, South Australia Branch, regarding the terms and conditions of employment for nursing employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it should be certified as a registered agreement.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act, whether the agreement was free from prohibited content, and whether it had been made in good faith. Additionally, the Commission needed to assess whether the agreement complied with the provisions of the Act concerning the proper process for reaching the agreement, including adequate opportunities for genuine bargaining and the provision of necessary information to the parties involved.

The Fair Work Commission found that the Uniting Communities Nursing Employees & ANMF-SA Enterprise Agreement 2015 was free from prohibited content and had been made in good faith. The Commission further determined that all mandatory terms had been included and that the agreement was consistent with the Fair Work Act. The Commission also confirmed that the agreement was the product of a genuine and proper bargaining process, with both parties having adequate opportunities to discuss and negotiate the terms. Consequently, the Commission approved the agreement and certified it as a registered enterprise agreement under the Fair Work Act 2009.

UnitingCare Wesley Adelaide Inc. 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