DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Homes Tasmania Inc
(AG2015/1802)

CHRISTIAN HOMES TASMANIA INC. NURSING STAFF UNION COLLECTIVE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT KOVACIC	SYDNEY, 20 APRIL 2015

Application for approval of the Christian Homes Tasmania Inc. Nursing Staff Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Christian Homes Tasmania Inc. Nursing Staff Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christian Homes Tasmania Inc. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Christian Homes Tasmania Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 27 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Christian Homes Tasmania Inc. sought approval of their Nursing Staff Union Collective Agreement 2014 from the Fair Work Commission. The dispute centred on the interpretation and validity of certain clauses in the proposed agreement, particularly those concerning employee entitlements and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement complied with relevant industrial laws and whether it met the criteria for approval.

The key legal issues before the Commission included whether the proposed agreement adequately addressed the minimum terms and conditions under the Fair Work Act 2009, and whether any clauses within the agreement were unfair or unreasonable. Additionally, the Commission needed to consider whether the agreement had been genuinely negotiated between the employer and the union, fulfilling the requirements of the Fair Work Act.

In its decision, the Commission examined the specific provisions of the agreement, assessing them against the legislative framework. The Commission found that while most of the clauses were in line with the Fair Work Act, certain provisions did not meet the criteria for fairness and reasonableness. Consequently, the Commission determined that the agreement could not be approved in its current form. The Commission ordered that the specific clauses identified as non-compliant be amended to align with the Act’s requirements. Once these amendments were made, the agreement could then be reconsidered for approval.

Christian Homes Tasmania Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established