Ballarat Hospice Care Inc.

[2019] FWCA 6405

[2019] FWCA 6405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Hospice Care Inc.
(AG2019/2572)

BALLARAT HOSPICE CARE INC. NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Ballarat Hospice Care Inc. Nurses Enterprise Agreement 2019.

[1] Ballarat Hospice Care Inc. has applied for approval of a single enterprise agreement known as the Ballarat Hospice Care Inc. Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to the statutory declaration supporting the application and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The employer bargaining representative, Mr Ross Longhurst of Service Industry Advisory Group, sought to correct multiple errors in the statutory declaration supporting the application, which were explained as typographical in nature, by filing an amended statutory declaration. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given by the employer bargaining representative on behalf of the Applicant in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The union bargaining representative did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and having regard to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[7] The Agreement was approved on 16 September 2019 and, in accordance with s.54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505284 PR712398>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.