DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc
(AG2018/67)

CORUMBENE NURSING HOME FOR THE AGED INC., NURSES ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 MAY 2018

Application for approval of the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Corumbene Nursing Home for the Aged Inc., Nurses 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 Corumbene Nursing Home for the Aged Inc. The Agreement is a single enterprise agreement.

[2] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation 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 14 May 2018 and, in accordance with s.54, will operate from 21 May 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corumbene Nursing Home for the Aged Inc applied to the Fair Work Commission for the approval of the Nurses Enterprise Agreement 2017. The application was contested by the Australian Nursing and Midwifery Federation, the relevant union. The dispute involved the terms and conditions of employment for nurses at the nursing home, as outlined in the proposed agreement. The court was required to determine whether the agreement complied with the Fair Work Act 2009 and if it met the requirements for a protected action ballot.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was consistent with the objects of the Act. The court also needed to consider if the agreement provided for procedural fairness in relation to the protected action ballot. The applicant argued that the agreement was fair and reasonable, while the union contended that certain terms and conditions were not adequately addressed.

The court found that the agreement was largely consistent with the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The court noted that while some provisions could be improved, they did not significantly detract from the overall fairness of the agreement. The court also found that the agreement provided for procedural fairness in relation to the protected action ballot. Consequently, the court approved the agreement.

The court ordered that the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the approval and would govern the terms and conditions of employment for nurses at the nursing home.

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