Cann Valley Bush Nursing Centre Inc.

Case [2018] FWCA 7270
[2018] FWCA 7270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cann Valley Bush Nursing Centre Inc.

(AG2018/4653)

CANN VALLEY BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services

COMMISSIONER MCKINNON

MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the Cann Valley Bush Nursing Centre 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 Cann Valley Bush Nursing Centre Inc. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. 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

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Details
AGLC
Cann Valley Bush Nursing Centre Inc. [2018] FWCA 7270
Case
[2018] FWCA 7270
Decision Date

CaseChat Overview and Summary

The applicants, Cann Valley Bush Nursing Centre Inc. and the Australian Nursing and Midwifery Federation, sought approval of the Nurses Enterprise Agreement 2018. The application was before the Fair Work Commission, which was required to decide whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained appropriate mechanisms for the resolution of enterprise disputes, and whether it provided for the protection of the rights of employees who were not members of the union. The Commission considered whether the agreement's provisions met the minimum standards set out in the Fair Work Act and whether it complied with the "better off overall test".

The Commission found that the agreement met the requirements of the Fair Work Act. It was satisfied that the dispute resolution mechanisms were appropriate, and that the agreement provided for the protection of the rights of non-union employees. The Commission also found that the agreement was likely to be better off overall for the employees, as it provided for a range of benefits and protections that were not available under the previous agreement.

The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act. The applicants were directed to make the necessary changes to the agreement and to provide a copy to the Commission within 28 days. The Commission noted that the agreement provided a significant improvement in conditions for the employees, and that it was likely to promote harmonious, productive and cooperative workplace relations.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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