DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc T/A Ballan District Health and Care
(AG2015/4136)

BALLAN DISTRICT HEALTH AND CARE NURSES, HASA AND CHILDCARE ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 7 AUGUST 2015

Application for approval of the Ballan District Health and Care Nurses, HASA and Childcare Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ballan District Health and Care Nurses, HASA and Childcare Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc T/A Ballan District Health and Care. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 7 August 2015 and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 30 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc trading as Ballan District Health and Care, sought approval of the Ballan District Health and Care Nurses, HASA and Childcare Enterprise Agreement 2015. The respondents included various unions. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the requirements for being a "single enterprise agreement".

The Commission found that the proposed agreement was fair and reasonable on a number of grounds. It noted that the agreement had been negotiated in good faith and covered all employees within the specified enterprise. The Commission also found that the terms and conditions provided in the agreement were not worse off than those provided in the applicable awards. Furthermore, the agreement included provisions for the protection of vulnerable workers, such as those with disabilities, which aligned with the principles of the Fair Work Act. The Commission concluded that the agreement met all the necessary criteria for approval.

Based on the findings, the Commission approved the Ballan District Health and Care Nurses, HASA and Childcare Enterprise Agreement 2015. The approval was effective from the date of the decision, and the agreement became the governing instrument for the employment of the relevant employees. The approval ensured that the terms and conditions of employment were fair and reasonable, and provided a framework for the ongoing relationship between the employer and the employees.

Ballan & District Soldiers Memorial Bush Nursing Hospital & Hostel Inc T/A Ballan District Health and Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established