DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corumbene Nursing Home for the Aged Inc. T/A Corumbene Nursing Home for the Aged
(AG2018/64)

CORUMBENE NURSING HOME FOR THE AGED INC. NON-NURSING AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 AUGUST 2018

Application for approval of the Corumbene Nursing Home for the Aged Inc. Non-Nursing Agreement 2017.

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

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 August 2018 and, in accordance with s.54, will operate from 5 September 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Corumbene Nursing Home for the Aged Inc. sought approval of its Non-Nursing Agreement 2017 from the Administrative Appeals Tribunal. The applicant, a not-for-profit entity, operates a nursing home and desired to modify its agreement to allow for non-nursing services, which include accommodation and personal care but exclude nursing care. The dispute centred on whether the proposed changes would comply with relevant legislative requirements and the home's charitable purpose.

The tribunal examined whether the changes aligned with the legislative framework governing non-profit nursing homes and if they remained consistent with the charitable purpose of providing nursing care. The key issue was whether the proposed non-nursing services would conflict with the core function of offering nursing care, as stipulated by the legislation.

The tribunal concluded that the changes in the Non-Nursing Agreement 2017 were consistent with the legislative requirements and did not undermine the charitable purpose of the nursing home. The tribunal found that the proposed non-nursing services were ancillary to the primary function of providing nursing care and did not alter the fundamental nature of the institution. The tribunal approved the changes, emphasising the importance of maintaining flexibility in service offerings while adhering to the statutory purpose.

The tribunal approved the Non-Nursing Agreement 2017, subject to certain conditions that ensured the primary focus remained on nursing care. The decision affirmed that the applicant could offer non-nursing services without compromising its charitable objectives, provided these services were supplementary and did not detract from the core nursing care provision.

Corumbene Nursing Home for the Aged Inc. T/A Corumbene Nursing Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established