DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christian Homes Tasmania Inc
(AG2017/5984)

CHRISTIAN HOMES TASMANIA INC. NURSING STAFF UNION COLLECTIVE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Christian Homes Tasmania Inc. Nursing Staff Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Christian Homes Tasmania Inc. Nursing Staff Union Collective Agreement 2017 (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] The Applicant 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.

[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] The Australian Nursing and Midwifery Federationand and Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Christian Homes Tasmania Inc Nursing Staff Union brought an application to the Fair Work Commission seeking approval of a collective agreement. The agreement in question was between the union and Christian Homes Tasmania Inc, an organisation that operates nursing homes in Tasmania. The union sought approval under section 236 of the Fair Work Act 2009. Christian Homes Tasmania Inc opposed the application, contending that the agreement contained terms that were inconsistent with the Act and its regulations.

The central legal issue was whether the terms of the agreement were consistent with the Fair Work Act 2009 and its regulations. The Commission considered various provisions of the agreement, including those related to shift penalties, overtime, and allowances. Christian Homes Tasmania Inc argued that some provisions were inconsistent with the Act and its regulations, and therefore the agreement should not be approved. The union submitted that the provisions were fair and within the bounds of what was permissible under the Act.

The Commission found that some of the provisions in the agreement were inconsistent with the Fair Work Act 2009 and its regulations. However, the Commission also found that the inconsistencies were not significant enough to warrant a refusal of approval. The Commission made orders approving the agreement, subject to certain modifications to bring it into compliance with the Act and its regulations. The union was directed to implement the modifications and provide a copy of the modified agreement to the Commission.

The Commission approved the agreement, subject to modifications to ensure compliance with the Fair Work Act 2009 and its regulations. The union was directed to implement the modifications and provide a copy of the modified agreement to the Commission. The modified agreement was to be in effect from the date of the Commission's decision. Christian Homes Tasmania Inc was ordered to pay the union's costs of the application.

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