DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cabrini Health Limited T/A Cabrini Health
(AG2016/2198)

CABRINI ACUTE NURSE MANAGERS’ AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Cabrini Acute Nurse Managers’ Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cabrini Acute Nurse Managers’ Agreement 2015 (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 Limited T/A 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. 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.

[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 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Cabrini Health Limited T/A Cabrini Health, the Fair Work Commission was presented with an application to approve the Cabrini Acute Nurse Managers’ Agreement 2015. The application was brought by the employer, who sought to formalise the terms and conditions of employment for its acute nurse managers. The applicant aimed to ensure that the agreement reflected the current industrial landscape and provided a fair framework for the management of its nursing staff.

The legal issues before the Commission involved assessing whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was a simple, direct, clear, and easy-to-understand document, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission needed to determine if the agreement adequately covered essential terms and conditions of employment, including remuneration, working hours, and other employment-related matters.

The Commission found that the proposed agreement was straightforward and comprehensible, meeting the legislative criteria for simplicity and clarity. It also noted that the agreement included provisions for dispute resolution that were in line with the requirements of the Act. Furthermore, the agreement was deemed to cover all necessary terms and conditions of employment for the acute nurse managers. Consequently, the Commission approved the application and authorised the agreement, recognising it as a certified agreement under the Fair Work Act.

The final orders included the approval and certification of the Cabrini Acute Nurse Managers’ Agreement 2015, effective from the date of the decision. This decision ensures that the agreement is legally binding and will govern the employment conditions of the acute nurse managers within the organisation.

Cabrini Health Limited T/A Cabrini Health

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established