DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balmoral Bush Nursing Centre Inc
(AG2018/6463)

BALMORAL BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Balmoral Bush Nursing Centre 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 27 February 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Balmoral Bush Nursing Centre Inc applied to the Fair Work Commission for approval of the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2018. The application was made by the employer, and the Fair Work Commission was required to determine whether the agreement met the relevant criteria for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, whether it included all necessary employee representatives, and whether it complied with the statutory minimum standards.

The Commission found that the agreement had been made in good faith and included all necessary employee representatives. However, it noted that certain provisions of the agreement, which related to penalty rates for weekend work, did not comply with the statutory minimum standards. Despite this, the Commission determined that these provisions could be disregarded as they were not essential to the operation of the agreement and could be severed without affecting its overall purpose. The Commission approved the agreement with the condition that the employer would make amendments to ensure compliance with the minimum standards within a specified timeframe.

The Fair Work Commission approved the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2018, subject to the condition that the employer make amendments to ensure compliance with the statutory minimum standards within a specified timeframe. The employer was required to notify the Commission of the amendments within 28 days of the approval decision. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman and published on the Fair Work Commission's website.

Balmoral Bush Nursing Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established