DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Euroa Health Inc
(AG2017/1559)

EUROA HEALTH INC. AND THE AUSTRALIAN NURSING & MIDWIFERY FEDERATION AND THE HEALTH WORKERS UNION, NURSES AND ALLIED HEALTH SERVICES COLLECTIVE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 7 AUGUST 2017

Application for approval of the Euroa Health Inc. and the Australian Nursing & Midwifery Federation and the Health Workers Union, Nurses and Allied Health Services Collective Agreement 2016.

[1] On 4 May 2017 Euroa Health Inc (Applicant) made an application for approval of the Euroa Health Inc. and the Australian Nursing & Midwifery Federation and the Health Workers Union, Nurses and Allied Health Services Collective Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation (Victorian Branch) and the Health Services Union (Victoria No. 1 Branch) T/A “Health Workers Union”, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[8] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Euroa Health Inc. was involved in a dispute with the Australian Nursing & Midwifery Federation and the Health Workers Union over the approval of the Nurses and Allied Health Services Collective Agreement 2016. The matter was brought before the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for being approved as a registered agreement. This included considering whether the agreement complied with the provisions regarding minimum entitlements and if it was made in good faith and for the purpose of registering the agreement.

The Commission examined the agreement's provisions in light of the legislative framework, focusing on whether the agreement provided for minimum standards of pay and conditions that were no less favourable than those prescribed by the Act or any applicable award. The Commission also assessed whether the agreement was made in good faith and for the purpose of registering it, taking into account the negotiations between the parties and the context in which the agreement was made. After its detailed analysis, the Commission determined that the agreement satisfied the legislative requirements for approval. The Commission found that the agreement provided for minimum standards that were at least as favourable as those prescribed by the Act and that it was made in good faith for the purpose of registration.

Consequently, the Commission approved the Nurses and Allied Health Services Collective Agreement 2016 as a registered agreement. The approval was based on the Commission's findings that the agreement met all the statutory criteria for registration. The parties were directed to give notice of the approval to each other and to the Registrar of the Fair Work Commission. This decision concluded the application process and established the terms of the collective agreement between Euroa Health Inc., the Australian Nursing & Midwifery Federation, and the Health Workers Union.

Euroa Health Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established