DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eskleigh Foundation Inc
(AG2015/6698)

ESKLEIGH FOUNDATION INC NURSING AGREEMENT 2015

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Eskleigh Foundation Inc Nursing Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eskleigh Foundation Inc Nursing Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eskleigh Foundation Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Australian Nurse and Midwifery Federation and Health Services Union of Australia being the bargaining representatives for this Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that this Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eskleigh Foundation Inc applied to the Federal Circuit and Family Court for the approval of the Eskleigh Foundation Inc Nursing Agreement 2015. The agreement sought to provide for the terms and conditions of employment for nurses employed by the foundation. The dispute arose because the applicant argued that the agreement was necessary to ensure the appropriate remuneration and conditions of employment for the nurses, while the respondent contended that the agreement did not comply with the relevant legislation.

The court was required to determine whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the nurses. The court considered the provisions of the agreement and the evidence provided by both parties. The court also examined the relevant legislative framework, including the requirements for an enterprise agreement to be approved by the court.

The court found that the agreement complied with the relevant legislation and was in the best interests of the nurses. The court noted that the agreement provided for appropriate remuneration and conditions of employment for the nurses, and that it had been negotiated in good faith. The court also found that the agreement was not contrary to the public interest. As a result, the court approved the agreement.

The court made an order approving the Eskleigh Foundation Inc Nursing Agreement 2015. The order was made under section 232 of the Fair Work Act 2009. The order is effective from the date of the court's decision and will remain in force until such time as it is varied or terminated by a future court order.

Eskleigh Foundation Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established