ANF Application - February 2012

Please click here for a copy of a letter from VECCI in relation to the Australian Nursing Federation ("ANF") application to Fair Work Australia ("FWA") for a low paid bargaining authorisation to cover approximately 800 employers.

Current Process and Timetables

A conference occurred Monday 19 December 2011 before Commissioner Cribb to set down the process for the ANF application to be heard. The Victorian Employer's Chamber of Commerce and Industry ("VECCI") attended this conference on behalf of business and with other employer organisations was successful in extending the time granted to employers to respond to the ANF application.

FWA has set down the following timetable:

  1. The ANF and any parly supporling the ANF's application are to submit an outline of submissions, witness statements and any other evidentiary material upon which they
    intend to rely to the Tribunal by Friday, 2 March 2012
  2. Any parly in opposition to the application is to file an outline of submissions, witness statements and any other evidentiary material upon which they intend to rely to the
    Tribunal by Friday, 18 May 2012
  3. The ANF and any parly supporling the ANF's application are to file an outline of submissions in reply and any evidence in reply on the Tribunal by Friday, 1 June 2012
  4. This matter is listed for hearing from 25 June to 29 June 2012


Options for Employers

The following advice applies to employers who do not have a current Enterprise Agreement in place. If you have a current agreement; depending on the nominal expiry date you may be exempt from this process.

  1. If you object to the ANF's action and do not wish to bargain
    a. Given the ANF's application and potential outcomes, you should respond to the ANF submissions and participate in the FWA application.
    b. Employers who do not object will automatically be covered if the ANF's application is successful and will be required to bargain with the ANF.
    c. If this mandated bargaining process is not successful, it is possible that FWA may arbitrate the matter and determine the agreement in a manner it sees fit.
    d. Response can be undertaken by self representing in the proceedings, or by engaging a representative such as VECCI
  2. If you do not object to the ANF's action and wish to negotiate an Enterprise Agreement
    a. You should respond indicating that you intent to commence bargaining with the ANF
    b. You can engage support such as VHIA or VECCI to assist you in ensuring the best outcome for your business in this process