DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingSA Ltd
(AG2021/4706)

UNITINGSA - NURSING EMPLOYEES - ANMF (AGED CARE) ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2021

Application for approval of the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UnitingSA Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved UnitingSA Ltd and the Australian Nursing and Midwifery Federation (ANMF). The dispute centred around the application for the approval of the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2019. The case was heard and determined by the Fair Work Commission. The central legal issues before the court were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including the need to ensure that it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to determine whether the agreement complied with the good faith bargaining provisions and whether it met the minimum standards set out in the National Employment Standards.

The Fair Work Commission examined the provisions of the agreement and found that it generally adhered to the requirements of the Fair Work Act 2009. The court considered the nature of the work, the bargaining process, and the terms and conditions set out in the agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the nursing employees and that it was made in good faith. The court also found that the agreement met the minimum standards under the National Employment Standards. Therefore, the Fair Work Commission approved the enterprise agreement.

Consequently, the Fair Work Commission determined that the UnitingSA - Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2019 was approved as a certified agreement under the Fair Work Act 2009. The decision affirmed that the agreement was fair, reasonable, and complied with the necessary legal requirements. The approval of the agreement was effective from the date of the decision, and it was to be in force for the period specified within the agreement.

UnitingSA Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established