DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Euroa Health Inc
(AG2015/3922)

EUROA HEALTH INC. AND THE AUSTRALIAN NURSING & MIDWIFERY FEDERATION AND THE HEALTH SERVICES UNION NURSES COLLECTIVE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 22 JULY 2015

Application for approval of the Euroa Health Inc. and the Australian Nursing & Midwifery Federation and the Health Services Union Nurses Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Euroa Health Inc. and the Australian Nursing & Midwifery Federation and the Health Services Union Nurses Collective 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 Euroa Health Inc. 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] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 22 July 2015 and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Euroa Health Inc applied to the Fair Work Commission for the approval of the Euroa Health Inc and the Australian Nursing & Midwifery Federation and the Health Services Union Nurses Collective Agreement 2015. The application was opposed by the Victorian Employers Association and the Victorian Chamber of Commerce and Industry. The matter was heard by the Commission on 27 November 2015. The Commission was required to determine whether the agreement was appropriate and whether it complied with the requirements of the Fair Work Act 2009.

The Commission found that the agreement was appropriate. The Commission held that the agreement met the requirements of the Act, and the application should be approved. The Commission noted that the agreement contained appropriate provisions for the classification of employees, wages and conditions, and dispute resolution. The Commission also held that the agreement contained appropriate provisions for the protection of employees' rights, and that it did not contain any unreasonable terms. The Commission further held that the agreement was not likely to have an adverse effect on the bargaining power of employers or employees, or on the operation of the labour market.

The Commission approved the application and the agreement. The Commission made orders approving the agreement and authorising its registration with the Registrar of the Fair Work Commission. The Commission also made orders for the publication of the agreement, and for the agreement to be binding on the parties from the date of the Commission's decision.

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