DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corpus Christi Community Greenvale Inc
(AG2016/2671)

CORPUS CHRISTI COMMUNITY GREENVALE INC NURSES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2016

Application for approval of the Corpus Christi Community Greenvale Inc Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Corpus Christi Community Greenvale Inc Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corpus Christi Community Greenvale Inc. The Agreement is a single enterprise agreement.

[2] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation 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 the organisations.

[4] The Agreement was approved on 27 April 2016 and, in accordance with s.54, will operate from 4 May 2016. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Corpus Christi Community Greenvale Inc, applied for the approval of the Corpus Christi Community Greenvale Inc Nurses Enterprise Agreement 2016. The respondents, represented by the Australian Nursing and Midwifery Federation, opposed the application on various grounds including the adequacy of provisions related to rostering and shift penalties. The case was heard by Deputy President McCabe in the Commission's Melbourne office.

The primary legal issues before the court involved whether the provisions of the proposed enterprise agreement complied with the Fair Work Act 2009, particularly concerning the terms and conditions of employment for nurses. This included assessing whether the rostering provisions and the penalties for shift changes were fair and reasonable. The court also needed to determine if the agreement sufficiently met the requirements of the safety net provisions under the Act.

The Deputy President found that the rostering provisions and the penalties for shift changes in the proposed agreement were not fair and reasonable. The court highlighted that the penalties for nurses changing shifts were excessively punitive and not balanced with the operational needs of the employer. The decision also noted that the rostering provisions did not adequately protect the rights of nurses in terms of rest periods and shift patterns. Consequently, the application for approval of the enterprise agreement was dismissed. The Deputy President made an order that the application be dismissed with no costs awarded to either party.

Corpus Christi Community Greenvale Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established