DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balmoral Bush Nursing Centre Inc
(AG2020/3352)

BALMORAL BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 4 DECEMBER 2020

Application for approval of the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2020. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Balmoral Bush Nursing Centre Inc applied to the Fair Work Commission for approval of the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the nursing staff at the Centre. The Commission was required to determine whether the agreement met the legal standards for approval, including whether it complied with the good faith bargaining requirements and whether it contained any provisions that were contrary to public policy or contrary to the objects of the Act.

The Commission found that the agreement had been negotiated in good faith and that it did not contain any provisions that were contrary to public policy or the objects of the Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for minimum rates of pay, overtime, leave, and other employment-related matters. The Commission also found that the agreement contained a no-disadvantage test, which ensured that the employees would not be worse off under the new agreement. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the Balmoral Bush Nursing Centre Nurses Enterprise Agreement 2020, subject to modifications. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the Commission's decision. The Commission noted that the agreement would provide for improved terms and conditions of employment for the nursing staff at the Centre, while also ensuring compliance with the legal requirements of the Act.

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