DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eventide Lutheran Homes
(AG2015/2223)

EVENTIDE LUTHERAN HOMES NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 10 APRIL 2015

Application for approval of the Eventide Lutheran Homes Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eventide Lutheran Homes Nurses Enterprise 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 Eventide Lutheran Homes. 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 10 April 2015 and, in accordance with s.54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 31 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eventide Lutheran Homes, sought approval of the Eventide Lutheran Homes Nurses Enterprise Agreement 2015 from the Fair Work Commission. The respondent, the Registered Nurses Union of Australia, opposed the application on various grounds. The dispute centred around the terms and conditions of employment for nurses within the organisation and the implications of the proposed agreement on the workforce.

The primary legal issue before the court was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing the agreement's compliance with procedural requirements and its substantive fairness. The court also had to consider whether the agreement provided for a fair and reasonable outcome for all parties involved, particularly focusing on the balance of interests between the employer and the employees.

The court examined the procedural fairness of the agreement, confirming that the proper processes had been followed in its negotiation and execution. It assessed the substantive fairness by weighing the benefits and drawbacks of the agreement for the nurses. The court found that the agreement provided reasonable terms and conditions, including appropriate wages, leave entitlements, and other employment benefits. Given this, the court determined that the agreement was fair and reasonable and approved it under the Act.

The final order was that the Eventide Lutheran Homes Nurses Enterprise Agreement 2015 be approved, effective from the date of the decision. This ruling allowed the agreement to be implemented, ensuring that the terms and conditions for the nurses were legally binding and enforceable.

Eventide Lutheran Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established