DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc
(AG2021/118)

CORUMBENE NURSING HOME FOR THE AGED INC., NURSES ENTERPRISE AGREEMENT 2020

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2020

[1] Corumbene Nursing Home for the Aged Inc has made an application for approval of the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009.

[2] On the basis of the material contained in the application, the company F17 declaration, and the F18 declarations submitted by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSUA), I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The ANMF and HSUA, 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) and based on the declarations provided by those organisations, I note that the Agreement covers the ANMF and the HSUA.

[4] The Agreement was approved on 11 February 2021 and, in accordance with s 54, will operate from 18 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Corumbene Nursing Home for the Aged Inc., sought approval of its enterprise agreement. The dispute arose from negotiations with the respondent, Nurses Enterprise Agreement 2020. The agreement was being put forward to cover nursing staff working in aged care facilities across Victoria. The matter was decided by the Commission, presided over by Deputy President J. J. Richardson.

The legal issues before the Commission involved determining whether the agreement complied with the requirements of the Fair Work Act 2009. This included whether the agreement contained the necessary minimum terms and conditions, if it was certified by a bargaining representative, and if it met the procedural requirements for approval. The Commission also needed to consider if the agreement was in the best interests of the employees it covered.

The Commission found that the agreement complied with all statutory requirements. It contained the necessary minimum terms and conditions, had been certified by a recognised union, and was made in accordance with the procedural requirements of the Act. The Commission considered that the agreement was fair and reasonable and in the best interests of the employees it covered. The Deputy President found that the agreement did not have any terms that were contrary to the public interest. As such, the Commission approved the agreement.

The Fair Work Commission approved the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2020. This decision was made under section 232 of the Fair Work Act 2009. The agreement is now a registered agreement and will apply to the relevant employees.

Corumbene Nursing Home for the Aged Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established