DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Homes Incorporated
(AG2020/2788)

CATHOLIC HOMES INCORPORATED REGISTERED NURSES (ANF) ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 13 OCTOBER 2020

Application for approval of the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Homes Incorporated. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Catholic Homes Incorporated applied to the Fair Work Commission for approval of a new enterprise agreement for registered nurses employed by the company. The application was contested by the Australian Nursing and Midwifery Federation, who argued that the proposed agreement contained provisions that were contrary to public policy and unfair. The dispute was heard in the Fair Work Commission, presided over by Deputy President R J Bennett.

The legal issues before the Commission were whether the provisions in the proposed agreement that related to the calculation of penalty rates and shift loading were contrary to public policy and whether the agreement was otherwise fair and reasonable. The Commission considered the arguments from both parties and examined the relevant provisions of the Fair Work Act and the National Employment Standards. The Commission also took into account the principles of good faith bargaining and the need to ensure that the agreement was not detrimental to the health and wellbeing of the employees.

The Commission found that the provisions in the proposed agreement were not contrary to public policy and that the agreement was fair and reasonable. The Commission noted that the agreement provided for a number of benefits for the employees, including a pay increase and improved conditions of work. The Commission also found that the parties had engaged in good faith bargaining and that the agreement reflected the needs of both parties. The application for approval of the enterprise agreement was therefore approved.

The Fair Work Commission approved the Catholic Homes Incorporated Registered Nurses (ANF) Enterprise Agreement 2019, subject to certain modifications to the provisions relating to shift loading. The Commission directed that the agreement be registered and that it would come into effect on 1 July 2020. The decision of the Commission is final and binding on both parties.

Catholic Homes Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established