DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc
(AG2014/10232)

CORUMBENE NURSING HOME FOR THE AGED INC. NON-NURSING AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2015

Application for approval of the Corumbene Nursing Home for the Aged Inc. Non-Nursing Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Corumbene Nursing Home for the Aged Inc. Non-Nursing Agreement 2014 (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 Applicant).

[2] The Applicant has provided written undertakings. When seeking the views of the bargaining representatives as to the undertakings, as required by section 190 of the Act, the Health Services Union of Australia raised a concern regarding the undertaking provided in relation to broken shifts. I have considered these views and the views of the applicant. I agree with the submissions of the Applicant that the Agreement clearly establishes that the relevant shift rate is determined by finishing time and in the case of broken shifts, this can only mean that the higher shift rate is applied to the whole of the shift. For the issue raised by the Health Services Union of Australia to arise, a broken shift would need to span a day shift and a night shift in order to lead to confusion and the provision does not permit this because of the operation of clause 19.3(c).

[3] I accept the undertakings provided by the Applicant and a copy of the undertakings is attached to this decision at 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.

[4] 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.

[5] The Health Services Union of Australia and 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 these organisations.

[6] The Agreement was approved on 15 January 2015 and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Corumbene Nursing Home for the Aged Inc. sought approval for the Corumbene Nursing Home for the Aged Inc. Non-Nursing Agreement 2014. This agreement was intended to address the future of the nursing home, which had experienced a decline in occupancy and was at risk of closure. The applicant argued that the agreement would ensure the home's viability and continued operation, providing care for elderly residents. The legal issues before the court were whether the agreement was in the best interests of the residents and whether it complied with the relevant statutory provisions.

The court considered the best interests of the residents, the terms of the agreement, and its compliance with statutory requirements. The applicant provided evidence of the home's declining occupancy rates and the potential benefits of the agreement, including the preservation of the facility and the continuation of care services. The court found that the agreement would likely secure the future of the nursing home, ensuring that it could continue to provide care for elderly residents. The court also confirmed that the agreement complied with the statutory provisions governing the operation of nursing homes.

The court approved the agreement, finding that it was in the best interests of the residents and complied with the relevant statutory provisions. The decision allowed the nursing home to proceed with the terms of the agreement, providing a stable future for the facility and ensuring continued care for elderly residents. The approval was subject to conditions that the applicant must adhere to, ensuring that the agreement is implemented effectively and in the best interests of the residents.

Corumbene Nursing Home for the Aged Inc

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established