Cann Valley Bush Nursing Centre Inc

[2013] FWCA 258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cann Valley Bush Nursing Centre Inc
(AG2012/14445)

CANN VALLEY BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 14 JANUARY 2013

Application for approval of the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cann Valley Bush Nursing Centre Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act 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 21 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cann Valley Bush Nursing Centre Inc. for the approval of their Nurses Enterprise Agreement 2012. The applicants sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was opposed by the Rural and Remote Health Workers Union.

The central legal issues the Commission had to address were whether the agreement met the requirements of the Fair Work Act, including compliance with the good faith bargaining process and the substantive provisions of the Act. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees, particularly given the specific nature of the nursing work and the rural setting of the employer.

The Fair Work Commission carefully examined the application and the opposition. The Commission considered the process by which the agreement was negotiated, the fairness of the terms and conditions, and whether the agreement provided for the efficient and effective operation of the nursing centre. Ultimately, the Commission found that the agreement had been negotiated in good faith and contained fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement did not contravene any provisions of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 as a registered agreement. The decision was made in the context of ensuring that the agreement provided for the fair and reasonable terms and conditions of employment while also allowing for the efficient operation of the nursing centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established