Corumbene Nursing Home for the Aged Inc Summary

[2014] FWCA 2734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc
(AG2014/376)

CORUMBENE NURSING HOME FOR THE AGED INC., NURSES ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2014

Application for approval of the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise 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., Nurses Enterprise Agreement 2014 (the Agreement). The application was made by Corumbene Nursing Home for the Aged Inc pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 1 May 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Corumbene Nursing Home for the Aged Inc. applied to the Fair Work Commission for approval of the 2014 Nurses Enterprise Agreement. The applicant was represented by Ms. A. R. Williams, and the respondent, the Australian Nursing and Midwifery Federation, was represented by Mr. J. R. Brown. The nature of the dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Court was required to determine whether the agreement provided for the appropriate minimum entitlements and whether it was made in good faith and without coercion.

The legal issues before the Court were whether the agreement was in compliance with the statutory requirements for minimum entitlements and whether the process through which the agreement was made was free from any procedural unfairness. The Court had to examine the terms of the agreement against the provisions of the Fair Work Act and the Fair Work Regulations, specifically focusing on whether the agreement provided for the minimum rates of pay, leave entitlements, penalty rates, and other conditions as stipulated by the legislation. Furthermore, the Court needed to assess the bargaining process to ensure it was conducted in good faith and without any form of coercion.

The Court found that the agreement met all the statutory requirements for minimum entitlements as set out in the Fair Work Act and the Fair Work Regulations. The agreement provided for the minimum rates of pay, leave entitlements, penalty rates, and other conditions as mandated by the legislation. The Court also concluded that the bargaining process was conducted in good faith and without any form of coercion. Therefore, the Court approved the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2014.

The Court's final orders were that the Corumbene Nursing Home for the Aged Inc., Nurses Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was to commence on the date of registration and would apply to the employees covered by the agreement. The Court's decision provided certainty to both the nursing home and its employees regarding the terms of their employment and the conditions under which they would work.

Corumbene Nursing Home for the Aged Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established