DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Banksia Palliative Care Inc
(AG2017/991)

BANKSIA PALLIATIVE CARE SERVICE INC. NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2017

Application for approval of the Banksia Palliative Care Service Inc. Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Banksia Palliative Care Service 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 Banksia Palliative 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 was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Banksia Palliative Care Inc, an organisation providing palliative care services, applied for the approval of their Nurses Enterprise Agreement 2016. The Fair Work Commission, being the appropriate tribunal for such applications, heard the matter. The primary dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it appropriately addressed the rights and obligations of the parties involved.

The legal issues before the Commission involved the scrutiny of the agreement's provisions, particularly concerning minimum entitlements, procedural fairness, and the compliance with the relevant legislative framework. The Commission needed to determine if the agreement met the criteria for approval, including whether it provided for the fair and reasonable terms of employment and whether it adhered to the provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement contained provisions that were contrary to public policy or which unfairly disadvantaged any party.

In its decision, the Commission noted that the agreement, while generally fair, contained certain clauses that required modification to meet the statutory standards. The Commission identified specific provisions that did not align with the Fair Work Act and required amendments to ensure compliance. After considering submissions from both parties, the Commission made necessary adjustments to the agreement, ensuring that it met the legal requirements for approval. The Commission found that, once modified, the agreement was fair and balanced, providing appropriate protections and entitlements for the employees while also addressing the needs of the employer.

The Fair Work Commission approved the amended Nurses Enterprise Agreement 2016, subject to the modifications made to address the legal concerns. The approved agreement was to come into effect from a specified date, providing a legally binding framework for the terms and conditions of employment for the nurses within the organisation.

Banksia Palliative Care Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established