Dingee Bush Nursing Centre Inc

[2018] FWCA 7374

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Dingee Bush Nursing Centre Inc

(AG2018/4763)

Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018

Health and welfare services
Commissioner McKinnon	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dingee Bush Nursing Centre Inc. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australian Nursing and Midwifery Federation (ANMF) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Dingee Bush Nursing Centre Inc. sought approval of its Nurses Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the best interests of the employees and whether it complied with all relevant legislative provisions.

The central legal issues before the Commission were whether the agreement provided adequate protection for the nurses' interests, including terms and conditions of employment, and whether it adhered to the statutory requirements for approval. Specifically, the Commission needed to assess if the agreement satisfied the good faith bargaining requirement and whether it provided for fair and reasonable terms that were not unduly detrimental to the employees.

The Fair Work Commission, in its decision, found that the Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018 did not meet the necessary standards for approval. The Commission highlighted several areas of concern, including the agreement's provisions on shift penalties and allowances, which were deemed insufficient to protect the nurses' interests. Additionally, the Commission found that the agreement did not adequately address certain entitlements, which further undermined its approval. Consequently, the Commission rejected the application for approval.

The Fair Work Commission ordered that the Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018 be disallowed and that it cease to have effect. The Commission's decision emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees and comply with all legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established