DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Hospice Care Inc.
(AG2016/4447)

BALLARAT HOSPICE CARE INC. NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Ballarat Hospice Care Inc. Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat Hospice Care Inc. Nurses Enterprise Agreement 2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat Hospice Care Inc.. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ballarat Hospice Care Inc., sought approval for its Nurses Enterprise Agreement 2016 from the Fair Work Commission. The application was opposed by the Australian Nursing and Midwifery Federation (Vic Branch). The central dispute revolved around the terms and conditions outlined in the proposed agreement, specifically whether they complied with the relevant statutory requirements and provided fair terms for the nurses.

The primary legal issues before the court were whether the agreement provided for the fair and reasonable terms of employment, including pay and conditions, as required by the Fair Work Act 2009. The court needed to determine if the agreement satisfied the criteria for approval, including ensuring the agreement was free from provisions that could undermine workplace relations, and if it provided a fair and reasonable outcome for all parties involved.

The court found that the agreement, while comprehensive, contained certain provisions that did not meet the criteria for approval. Specifically, the court identified issues with the provisions concerning shift penalties, overtime, and annual leave loading. The court was concerned that these provisions could potentially disadvantage the nurses by creating an imbalance in the terms of employment. However, the court recognised the overall intent of the agreement was to provide fair terms and improve working conditions. The court ultimately approved the agreement with minor amendments to address the identified issues, ensuring compliance with the Fair Work Act 2009.

The final orders included the approval of the Nurses Enterprise Agreement 2016, subject to the specified amendments. The agreement was to be registered and enforceable as of the date of the decision, with the amendments ensuring compliance with the statutory requirements for fair and reasonable terms of employment.

Ballarat Hospice Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established