Continence Foundation of Australia Ltd T/A Continence Foundation of Australia

[2018] FWCA 7812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Continence Foundation of Australia Ltd T/A Continence Foundation of Australia

(AG2018/3838)

NURSES (NATIONAL CONTINENCE HELPLINE) ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Nurses (National Continence Helpline) Enterprise Agreement 2016-2020.

An application has been made for approval of an enterprise agreement known as the Nurses (National Continence Helpline) Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Continence Foundation of Australia Ltd T/A Continence Foundation of Australia. The agreement is a single-enterprise agreement.

Undertakings have been given with respect to clauses 17.5, 19.5.1, 8.1, 32, 10.6, 44, 26, and in relation to ‘Wage Rate – Category A employees’ and are taken to be a term of the Agreement. A copy of the undertakings is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

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

The Agreement was approved in Chambers on 21 December 2018 and, in accordance with s.54 of the Act, will operate from 28 December 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 Continence Foundation of Australia Limited, trading as the Continence Foundation of Australia, applied to the Fair Work Commission for the approval of the Nurses (National Continence Helpline) Enterprise Agreement 2016-2020. The application was contested by the Registered Nurses’ Association of Queensland. The dispute centred on the terms and conditions of employment for nurses working on the National Continence Helpline. The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly whether the agreement provided for the appropriate balance between flexibility and certainty for employees and employers. The court needed to consider whether the agreement unfairly disadvantaged any party and whether it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission considered the provisions of the Fair Work Act and previous decisions on similar matters. The court held that the agreement was fair and reasonable, providing adequate protections for employees while allowing for necessary flexibility for the employer. It found that the agreement did not unfairly disadvantage any party and complied with the requirements of the Fair Work Act. The commission noted the importance of the National Continence Helpline service and the role of the nurses in providing this service. It concluded that the agreement provided for a fair and reasonable balance between the needs of the employees and the employer.

Accordingly, the Fair Work Commission approved the Nurses (National Continence Helpline) Enterprise Agreement 2016-2020. The agreement was to be registered by the Registrar of the Fair Work Commission. The decision emphasised the importance of fair and reasonable agreements that balance the needs of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established