DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dingee Bush Nursing Centre Inc
(AG2020/3271)

DINGEE BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 16 NOVEMBER 2020

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

[1] Application has been made by Dingee Bush Nursing Centre Inc for approval of a single enterprise agreement known as the Dingee Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] 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.

[4] The Agreement covers the Australian Nursing and Midwifery Federation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dingee Bush Nursing Centre Inc applied to the Fair Work Commission for approval of its Nurses Enterprise Agreement 2020. The respondent, the Australian Nursing and Midwifery Federation, objected to the application, contending that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement complied with the Fair Work Act and its associated regulations. Specifically, the respondent argued that the agreement did not contain certain mandated provisions and failed to meet procedural requirements. The applicant argued that all necessary provisions were included and that the agreement was properly negotiated.

The Commission examined the proposed agreement in detail, focusing on its compliance with statutory requirements. It considered the arguments from both parties and the evidence presented. The Commission found that the proposed agreement did indeed contain all necessary provisions and had been negotiated in accordance with the law. Consequently, the Commission approved the agreement, finding it met all legislative requirements.

The Fair Work Commission approved the Dingee Bush Nursing Centre Inc Nurses Enterprise Agreement 2020. This decision was based on the Commission's finding that the agreement complied with all relevant provisions of the Fair Work Act and its regulations.

Dingee 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