DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dartmoor & District Bush Nursing Centre Inc
(AG2020/3363)

DARTMOOR & DISTRICT BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Dartmoor & District Bush Nursing Centre Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dartmoor & District Bush Nursing Centre 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 Dartmoor & District 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] I note that clause 26(d)(i) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained an incorrect expiry date. On the 7 December 2020, the Applicant filed an amended page to the Agreement, correcting the expiry date, pursuant to s.586 of the Act. I am satisfied that the correction should be made and it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 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

The applicants, Dartmoor & District Bush Nursing Centre Inc, sought approval for their Enterprise Agreement 2020 from the Fair Work Commission. The application involved determining whether the agreement met the legal requirements for approval, particularly under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions set out in the agreement and whether they complied with the statutory requirements for enterprise agreements.

The legal issues before the court were whether the agreement was a "genuine" enterprise agreement, as defined by the Fair Work Act, and if it was fair and reasonable in terms of its content and negotiation process. The court had to examine whether the agreement was made in good faith and whether it adhered to the procedural requirements outlined in the Act, including the negotiation process and the representation of employees.

The Fair Work Commission found that the Dartmoor & District Bush Nursing Centre Inc had fulfilled the necessary criteria for the approval of the Enterprise Agreement 2020. The court confirmed that the agreement was genuinely made between the employer and the employees, and it was fair and reasonable. The negotiation process was deemed to be conducted in good faith, and the agreement met all the statutory requirements. Consequently, the court approved the agreement.

The final orders of the court were that the Dartmoor & District Bush Nursing Centre Nurses Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of registration, ensuring that the terms and conditions set out within it would apply to the employees of the Centre.

Dartmoor & District 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