Cabrini Health

[2013] FWCA 2941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health
(AG2013/6363)

CABRINI ACUTE NURSE MANAGERS’ AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 MAY 2013

Application for approval of the Cabrini Acute Nurse Managers’ Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini Acute Nurse Managers’ Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cabrini Health. 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 Agreement is approved and, in accordance with s.54, will operate from 20 May 2013. The nominal expiry date of the Agreement is 31 October 2014.

[4] The Australian Nursing 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Australian Nursing and Midwifery Federation and the employer, Cabrini Health. The dispute centred on the application for the approval of the Cabrini Acute Nurse Managers’ Agreement 2013. The matter was heard in the Fair Work Commission. The key legal issues that the Commission had to address involved whether the agreement provided for the fair treatment of employees and whether it met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission considered whether the agreement was genuinely negotiated and whether it provided adequate protections for the employees. The Commission also examined the terms of the agreement to determine if they met the criteria for fair treatment and were consistent with the principles of the Fair Work Act. The Commission noted that the agreement had been negotiated between the employer and the union and found that it contained provisions that were fair and reasonable. However, the Commission made some adjustments to the agreement to ensure that it complied with the Act, including changes to the provisions regarding shift penalties and the definition of 'rostered day off'. The Commission ultimately approved the agreement with these modifications.

The Fair Work Commission's decision to approve the agreement with modifications was based on the overall fairness of the agreement and its compliance with the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it was consistent with the principles of the Act. The modifications made by the Commission were aimed at ensuring that the agreement met all legal requirements and provided adequate protections for the employees. The final orders of the Commission included the approval of the agreement with the specified modifications, which would now govern the employment conditions of the nurse managers at Cabrini Health.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established