Application by Australian Nursing and Midwifery Federation (145V)
What happened
The Australian Nursing and Midwifery Federation (ANMF) sought approval for a supported bargaining authorisation. This would allow bargaining for a multi-employer agreement in the aged care sector. The agreement would cover Catholic Healthcare Limited, Superior Care Group, and Anglicare Southern Queensland, and their employees in Queensland. The Aged & Community Care Providers Association also opposed the application. Amendments to the application occurred several times, broadening coverage and excluding some employees.
What was decided
The Fair Work Commission dismissed the ANMF’s application for a supported bargaining authorisation. The Commission found that the requirements of section 243 of the Fair Work Act were not met. The application was part-heard in September 2025, with closing submissions in December 2025.
What it means for employers
Employers in the aged care sector should be aware of the requirements for supported bargaining authorisations. The Commission considers factors like prevailing pay rates, common interests, and the number of bargaining representatives. Employers should review their existing enterprise agreements and consider the impact of expired agreements.
What it means for employees
Employees in the aged care sector should understand the process for supported bargaining authorisations. This process aims to assist employers and employees who need support to bargain effectively. the Applicant and other unions can represent employees in bargaining processes.
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