DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cann Valley Bush Nursing Centre Inc
(AG2020/3235)

CANN VALLEY BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 26(d), 27(e)(iv) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cann Valley Bush Nursing Centre Inc, an employer, applied to the Fair Work Commission for approval of the Nurses Enterprise Agreement 2020. The agreement was put forward by the Australian Nursing and Midwifery Federation, the union representing the nursing staff. The primary issue for the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine enterprise agreement and complied with the provisions for low-paid and small business employers. The Commission also considered the impact of the agreement on the employees' working conditions and entitlements.

The Commission examined the procedural fairness of the agreement, including whether the employer had taken reasonable steps to negotiate with the union and whether the union had adequately represented the employees. The Commission also assessed the substantive fairness of the agreement, including whether it provided for appropriate minimum rates of pay and conditions for the employees, and whether it complied with the low-paid and small business employer provisions. The Commission noted that the agreement provided for minimum rates of pay and conditions that were consistent with the relevant industry award, and that the employer had taken reasonable steps to negotiate with the union.

The Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The Commission found that the agreement was a genuine enterprise agreement and that the employer had taken reasonable steps to negotiate with the union. The Commission also found that the union had adequately represented the employees and that the agreement provided for appropriate minimum rates of pay and conditions. The Commission noted that the agreement complied with the low-paid and small business employer provisions, and that it was in the best interests of the employees.

The Commission made an order approving the Cann Valley Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020, which will now be legally binding on the employer and employees. The agreement will provide for minimum rates of pay and conditions for the nursing staff, and will replace the relevant industry award. The employer and union will be required to comply with the terms of the agreement, and any disputes arising under the agreement will be resolved by the Fair Work Commission.

Cann Valley Bush Nursing Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established