DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Correct Care Australasia Pty Ltd
(AG2018/33)

CORRECT CARE AUSTRALASIA NURSES (VICTORIAN PRISONS) ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Correct Care Australasia Nurses (Victorian Prisons) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Correct Care Australasia Nurses (Victorian Prisons) Enterprise 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 Correct Care Australasia Pty Ltd. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 19 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Correct Care Australasia Pty Ltd and the Australian Nursing and Midwifery Federation, specifically regarding the approval of the Correct Care Australasia Nurses (Victorian Prisons) Enterprise Agreement 2017. The dispute centred around the terms and conditions of employment for nurses working in Victorian prisons, with the Federation arguing that the proposed agreement did not adequately protect the rights and interests of the nurses. The case was heard in the Fair Work Commission.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the nurses. The court needed to determine if the agreement met the requirements for procedural fairness, and if it provided for terms and conditions that were better off overall or at least no worse off for the employees compared to their previous conditions. Additionally, the court had to consider whether the agreement contained provisions that were necessary to prevent exploitation of the employees.

The court found that the proposed enterprise agreement did not comply with the Fair Work Act in several respects. It held that the agreement did not adequately protect the nurses' rights and interests, particularly in relation to certain working conditions and pay rates. The court emphasised the importance of ensuring that enterprise agreements provided for fair and reasonable terms and conditions of employment, and that they did not exploit employees. As a result, the court refused to approve the proposed enterprise agreement. The court's decision highlighted the need for careful consideration of the terms and conditions of employment in enterprise agreements, and the importance of protecting the rights and interests of employees.

The Fair Work Commission ordered that the proposed enterprise agreement be not approved, and directed the parties to further negotiate the terms and conditions of employment for the nurses. The court's decision emphasised the importance of ensuring that enterprise agreements provided for fair and reasonable terms and conditions of employment, and that they did not exploit employees. The outcome of the case highlighted the need for careful consideration of the terms and conditions of employment in enterprise agreements, and the importance of protecting the rights and interests of employees.

Correct Care Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established