DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diaverum Pty Ltd
(AG2018/1733)

DIAVERUM AND NURSING STAFF ENTERPRISE AGREEMENT 2016-2019

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 24 JULY 2018

Application for approval of the Diaverum and Nursing Staff Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Diaverum and Nursing Staff Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diaverum Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 31 July 2018. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

Diaverum Pty Ltd recently faced scrutiny in the Fair Work Commission, where the company sought approval for the Diaverum and Nursing Staff Enterprise Agreement 2016-2019. The dispute revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on the agreement's compliance with minimum entitlements and procedural fairness.

The central legal issues before the Commission involved whether the enterprise agreement provided adequate protections for the nursing staff's terms and conditions of employment, and whether the proper consultation processes were followed. Specifically, the Commission needed to determine if the agreement complied with the statutory minimum standards and if the bargaining processes were sufficiently robust and fair. The Commission also examined whether the agreement was made in good faith and whether it contained provisions that were free from any unfair content.

In delivering its decision, the Commission found that the agreement was largely compliant with the statutory minimum standards, but identified certain clauses that required modification to ensure fairness. The Commission concluded that while the overall agreement was in good faith and met most statutory requirements, some provisions did not align with the minimum entitlements prescribed by the Fair Work Act. Consequently, the Commission made specific orders to amend the agreement to rectify these deficiencies. The final orders required Diaverum Pty Ltd to revise certain clauses within the enterprise agreement to ensure it fully adhered to the statutory minimum standards and procedural fairness.

Diaverum Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established