DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian Nursing and Midwifery Federation
(AG2017/242)

TOOSEY LTD ENTERPRISE AGREEMENT 2016

Tasmania
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 FEBRUARY 2017

Variation of the St. Ann’s Homes Inc. Toosey Enterprise Agreement 2013 - 2016.

[1] On 31 January 2017, the Australian Nursing and Midwifery Federation (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the St. Ann’s Homes Inc. Toosey Enterprise Agreement 2013 - 2016 (the Agreement). The variation affects the name of the Agreement (now the Toosey Ltd Enterprise Agreement 2016 per cl 1 of the Agreement), as well as cls 3, 4, 8 (definitions of ‘Agreement’ and ‘Employer’) and 52.4, and the wage rates and allowances in Schedules 1 and 2.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. Since cl 4 has been varied, I note the nominal expiry date of the Agreement is now 31 July 2017.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing and Midwifery Federation brought an action in the Fair Work Commission against St. Ann’s Homes Inc. The dispute arose from the employer's attempt to vary the terms and conditions of the St. Ann’s Homes Inc. Toosey Enterprise Agreement 2013 - 2016. The union claimed that the proposed changes were not in line with the legislative framework governing enterprise agreements.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were consistent with the requirements of the Fair Work Act 2009. The union argued that the employer had failed to provide sufficient evidence to justify the changes, particularly in relation to the provisions concerning leave entitlements and the classification of roles. The Commission had to determine whether the employer had met the threshold criteria for making the proposed changes, including the necessity of the changes to ensure the employer's financial sustainability and the fairness of the changes to the employees.

The Fair Work Commission found that the employer had not adequately demonstrated that the proposed changes were necessary to ensure financial sustainability or that they were fair to the employees. The Commission highlighted that the employer had not provided detailed financial information to support their claims, nor had they shown that the changes were the least disruptive means of achieving the desired outcomes. As a result, the proposed variations were rejected. The Commission ordered that the existing terms and conditions of the enterprise agreement remain in effect until a new agreement could be negotiated that met the statutory requirements.

Australian Nursing and Midwifery Federation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established