DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buchan Bush Nursing Association Inc.
(AG2018/3710)

BUCHAN BUSH NURSING ASSOCIATION INC. NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Buchan Bush Nursing Association Inc. 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 Buchan Bush Nursing Association 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 (ANMF) 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 5 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Buchan Bush Nursing Association Inc. sought approval of the Nurses Enterprise Agreement 2018. The applicants, represented by Mr. D. E. Brown of Counsel, argued that the proposed agreement was fair and reasonable, meeting all the necessary criteria under the Fair Work Act. The respondents, including several nurses represented by Ms. S. A. Ryan, contended that the agreement did not adequately address certain aspects of pay and conditions, and was therefore not fair and reasonable.

The central legal issue was whether the agreement met all the statutory requirements for approval under the Fair Work Act. The Commission needed to determine if the agreement provided for fair and reasonable pay, conditions, and dispute resolution mechanisms, and if it was free from prohibited content. The Commission also had to consider whether the agreement was consistent with relevant national employment standards and whether it adhered to the principles of good faith bargaining.

The Commission found that the agreement was fair and reasonable, meeting all the statutory requirements for approval. It provided for fair and reasonable pay and conditions, included appropriate dispute resolution mechanisms, and did not contain any prohibited content. The Commission acknowledged the concerns raised by the respondents but concluded that these did not outweigh the overall fairness of the agreement. The Commission was satisfied that the agreement was consistent with the national employment standards and reflected the principles of good faith bargaining.

The Fair Work Commission approved the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2018, determining that it met all necessary legal criteria for fairness and reasonableness. The agreement was registered and will apply to the nurses employed by the Association.

Buchan Bush Nursing Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established