DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elmhurst Bush Nursing Centre
(AG2020/3353)

ELMHURST BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Elmhurst 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 Elmhurst Bush Nursing Centre. 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 Clauses 26(d), 27(e)(iv), 27(g)(i) are 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 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

Elmhurst Bush Nursing Centre applied to the Fair Work Commission for approval of the Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2020. The application was opposed by the Queensland Nurses and Midwives' Union. The matter was heard by the Commission, and it was required to decide whether the Agreement was in the interests of the employees, and if it complied with the relevant provisions of the Fair Work Act 2009. The primary issue before the Commission was whether the Agreement met the "better off overall test" and whether it complied with the "good faith" requirement of the Fair Work Act. The Commission found that the Agreement was in the best interests of the employees, and it met the requirements of the Act. The Agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, hours of work, leave entitlements, and other benefits. The Commission also found that the Agreement was negotiated in good faith, and it complied with the requirements of the Act. The Commission approved the Agreement, finding that it met the requirements of the Fair Work Act. The Commission noted that the Agreement provided for a fair and reasonable outcome for both the employees and the employer, and it was in the best interests of the employees. The Commission also found that the Agreement was negotiated in good faith, and it complied with the requirements of the Act. The Elmhurst Bush Nursing Centre Nurses Enterprise Agreement 2020 was approved by the Commission.

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