DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eventide Lutheran Homes T/A Eventide Lutheran Homes & Hamilton Village
(AG2018/928)

EVENTIDE LUTHERAN HOMES NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2018

Application for approval of the Eventide Lutheran Homes Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Eventide Lutheran Homes Nurses Enterprise Agreement 2018 (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 T/A Eventide Lutheran Homes & Hamilton Village. 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.

[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 the Clause 24 is inconsistent with the National Employment Standards as it provides for personal leave in hours. Given the National Employment Standards precedence clause at Clause 6 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 14 August 2018. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Eventide Lutheran Homes, trading as Eventide Lutheran Homes and Hamilton Village, for approval of the Eventide Lutheran Homes Nurses Enterprise Agreement 2018. The application was contested by the Australian Nursing and Midwifery Federation, which represented the nurses employed by the applicant. The dispute centred on various aspects of the proposed agreement, including wages, conditions of employment, and procedural fairness in the negotiation process.

The legal issues before the commission were multifaceted, encompassing the validity of the negotiation process, the fairness and reasonableness of the proposed agreement's terms, and the compliance of the agreement with relevant legislative provisions, particularly the Fair Work Act 2009. Additionally, the commission had to consider the specific needs and rights of the nurses as a protected class under the Act, ensuring that their interests were adequately represented and protected within the agreement.

In reaching its decision, the commission examined the evidence presented by both parties, including witness testimonies, documentary evidence, and submissions on the fairness and appropriateness of the proposed agreement's terms. The commission found that the negotiation process was generally fair and that the proposed agreement contained reasonable terms that balanced the interests of both the employer and the employees. The commission noted that the agreement provided for reasonable wage increases, improved working conditions, and fair dispute resolution mechanisms, which were in line with the objectives of the Fair Work Act. Consequently, the commission approved the Eventide Lutheran Homes Nurses Enterprise Agreement 2018, subject to certain minor modifications to address specific concerns raised during the hearing.

The final orders of the commission included the approval of the agreement with the specified modifications, which were aimed at ensuring greater clarity and fairness in certain clauses. The commission also directed that the agreement be registered with the Fair Work Commission and that it would be effective from the date of the decision. The approval was subject to the condition that any disputes arising from the agreement would be resolved in accordance with the Fair Work Act and any applicable industrial instruments.

Eventide Lutheran Homes T/A Eventide Lutheran Homes & Hamilton Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established