DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Braemar Presbyterian Care
(AG2018/6982)

BRAEMAR PRESBYTERIAN CARE (ANMF) REGISTERED NURSES AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	SYDNEY, 11 APRIL 2019

Application for approval of the of Braemar Presbyterian Care Registered Nurse (ANMF) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the of Braemar Presbyterian Care Registered Nurse (ANMF) 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 Braemar Presbyterian Care. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Braemar Presbyterian Care organisation for the approval of a registered nurse agreement under the Fair Work Act 2009. The applicant sought the court's endorsement of a specific agreement that had been negotiated with the Australian Nurses and Midwives Federation. The Fair Work Commission had earlier declined to approve the agreement, prompting the application to the Federal Court.

The primary legal issue before the court was whether the agreement in question complied with the statutory requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement met the criteria for being a "modern award" as defined by the legislation, including whether it provided for fair and reasonable terms and conditions of employment. The court was also required to consider the implications of the decision on the parties' rights and obligations under the Act.

In delivering the judgment, the court examined the contents of the agreement and the submissions from both parties. It found that the agreement largely met the requirements of a modern award, providing for fair and reasonable terms and conditions. The court highlighted the parties' efforts to negotiate the agreement in good faith and the overall reasonableness of the terms proposed. Consequently, the court approved the agreement, emphasising the importance of such agreements in maintaining fair and balanced industrial relations.

The final orders of the court approved the Braemar Presbyterian Care Registered Nurse (ANMF) Agreement 2018, thereby allowing it to be registered and enforceable under the Fair Work Act. This decision ensures that the agreement can be implemented, providing clarity and certainty to both the employer and the employees covered by the agreement.

Braemar Presbyterian Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established