DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre
(AG2018/785)

ELMHURST BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre. 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] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 27 (c) (i) - personal/carer’s leave;

However, noting clause 10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 27 June 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

Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre was the subject of an application for the approval of the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2017, which was heard in the Fair Work Commission. The dispute centred on the validity and enforceability of the enterprise agreement in question, specifically regarding whether the agreement complied with the necessary statutory requirements and if the requisite bargaining processes had been followed.

The legal issues that the court was required to decide included whether the agreement met the criteria set out in the Fair Work Act 2009, such as whether it was made in good faith and whether it covered all necessary terms. Additionally, the court had to determine whether the agreement was properly certified by the Fair Work Commission and if the necessary procedural steps for such certification had been adequately followed. The validity of the agreement also hinged on whether it had been fairly and properly negotiated, and if the appropriate employee consultation processes had been observed.

The court examined the evidence presented, including the negotiation process and the consultation mechanisms employed, and determined that the agreement was indeed made in good faith and complied with the statutory requirements. The court found that all necessary procedural steps had been followed, and the agreement was certified as meeting the criteria under the Fair Work Act. Consequently, the application for approval of the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2017 was granted.

Elmhurst Bush Nursing Centre Inc. T/A Elmhurst Bush Nursing Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established