ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with a dispute under Anglicare SA/ANMF Nursing Employees Aged Care Agreement No.5 of 2015 – respondent became aware that number of its enrolled nurses were not entitled to administer medicines – this due to experience or previous training not completed – the nurses required medication administration courses to permit them to administer medicines – required its enrolled nurses to undertake training in their own time at own cost – unable to direct employees to perform work until the training had been completed – some nurses took annual leave to attend training, others took unpaid leave – applicant contended that respondent was not entitled to ‘stand down’ nurses and nurses were entitled to be repaid the cost of training and payment at ordinary time rates for period of attendance at training or for those who took annual leave – leave records to be adjusted on basis that they worked – claimed clause 14.4 of Agreement required employer to be responsible for the ‘provision of mandatory training and skills updates’ – respondent claimed that qualification was necessary for employee to perform job as opposed to a mandatory training update – Commission considered registration standards set by the National Boards – once registered, health practitioners must continue to meet the standards and renew their registration yearly with National Board – respondent required entire nursing staff to administer medication, therefore it was an inherent requirement of the role – Commission found the training obligation is encompassed in the term ‘training and skills updates as required by state and federal legislation’ in clause 14.4 of the Agreement – found respondent was responsible for the provision of such training and the time spent completing this is to be regarded as time worked and paid at ordinary time rates – held that nurses who complete such training in the organisation must be paid or have their annual leave records adjusted – payments and/or annual leave record adjustments shall be made by respondent within 14 days of this decision. Australian Nursing and Midwifery Federation v Anglicare SA Limited t/a Anglicare SA
