DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baptistcare Inc T/A Baptistcare
(AG2018/5029)

BAPTISTCARE REGISTERED NURSES (ANF) ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Baptistcare Registered Nurses (ANF) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Baptistcare Registered Nurses (ANF) 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 Baptistcare Inc T/A Baptistcare. 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 February 2019 and, in accordance with s.54, will operate from 28 February 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baptistcare Inc T/A Baptistcare, a registered charity providing aged care services, applied to the Fair Work Commission for the approval of the Baptistcare Registered Nurses (ANF) Enterprise Agreement 2018. The application was opposed by the Australian Nursing and Midwifery Federation (ANMF). The primary dispute centred on whether the proposed enterprise agreement adequately addressed certain issues concerning the rights and conditions of employment for registered nurses, including pay rates, working conditions, and dispute resolution mechanisms.

The legal issues that the Commission had to determine included whether the agreement was in the best interests of the employees and the employer, and if it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to assess whether the agreement met the statutory criteria under the Fair Work Act 2009, including whether it provided for terms and conditions that were free from coercion, discrimination, and undue influence, and whether it facilitated the efficient operation of the enterprise.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements and was in the best interests of both the employees and the employer. The Commission noted that the agreement included provisions that addressed key concerns of the parties, such as pay rates, working conditions, and dispute resolution mechanisms, and that these provisions were fair and reasonable. The Commission also found that the agreement would facilitate the efficient operation of Baptistcare, given its detailed and comprehensive nature. Therefore, the Commission approved the Baptistcare Registered Nurses (ANF) Enterprise Agreement 2018.

The final orders of the Commission were that the Baptistcare Registered Nurses (ANF) Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The approval of the agreement means that it will now apply to all registered nurses employed by Baptistcare, and will remain in effect until it is replaced or terminated in accordance with the Act.

Baptistcare Inc T/A Baptistcare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established