DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dargo Bush Nursing Centre Inc
(AG2020/3180)

DARGO BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 NOVEMBER 2020

Application for approval of the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dargo Bush Nursing Centre Inc. 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. The undertakings are taken to be a term of 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.

[4] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Dargo Bush Nursing Centre Inc, the Fair Work Commission was presented with an application for the approval of the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020. The dispute involved the negotiation of the enterprise agreement between the nursing centre and the registered nurses employed there. The Fair Work Commission had to determine whether the agreement met the statutory criteria for approval, ensuring that it complied with the Fair Work Act 2009. The primary issues included the fairness of the agreement's terms, its compliance with the safety net, and whether it was made in good faith and without coercion.

The Commission examined the process through which the agreement was negotiated, the content of the agreement, and the compliance with the procedural fairness requirements. The Fair Work Act mandates that agreements must not be less favourable than the applicable awards or safety net, must be made in good faith, and must not involve any unfair terms. The Commission considered submissions from both parties, focusing on whether the agreement provided for adequate wages and conditions, and whether it was negotiated without any unfair labour practices. After thorough deliberation, the Commission found that the agreement met all the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020. The decision confirmed that the agreement was fair, compliant with the safety net, and made in good faith. The approved agreement will now govern the employment conditions of registered nurses at the Dargo Bush Nursing Centre.

Dargo Bush Nursing Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established