CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre
(AG2016/2563)

FORREST CENTRE AND THE NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION/ANMF NSW BRANCH NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 7 APRIL 2016

Application for approval of the Forrest Centre and the New South Wales Nurses and Midwives’ Association/ANMF NSW Branch Nurses Enterprise Agreement 2016.

[1] The decision issued by the Fair Work Commission on 5 April 2016 [[2016] FWCA 2120] is corrected as follows:

1. By deleting the operative date “12 March 2016” appearing in paragraph [5] and inserting “12 April 2016”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was called upon to review the Forrest Centre and the New South Wales Nurses and Midwives' Association/ANMF NSW Branch Nurses Enterprise Agreement 2016. The dispute centred around the approval of the enterprise agreement which had been entered into by the Forrest Centre and the Association. The application was made under section 185 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement meets certain criteria, including that it is in the best interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act and, if so, whether it should be approved. This involved assessing the agreement against the statutory criteria, ensuring that it provided for the terms and conditions of employment of the employees in a fair and balanced manner. The Commission had to consider whether the agreement was genuinely negotiated and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

In its decision, the Commission noted that the parties had negotiated the agreement in good faith and that the agreement contained provisions that were in the best interests of the employees. The Commission found that the agreement met all the statutory requirements and approved the enterprise agreement with a corrected operative date of 12 April 2016, rather than the initially stated date of 12 March 2016. This correction was made to ensure the agreement's terms and conditions would take effect on the intended date.

The Fair Work Commission approved the enterprise agreement, with the effective date amended to 12 April 2016. This decision confirms that the agreement is fair and meets the necessary legislative criteria, providing a clear framework for the terms and conditions of employment for the nurses and midwives within the Forrest Centre.

FORREST CENTRE AND THE NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION/ANMF NSW BRANCH NURSES ENTERPRISE AGREEMENT 2016

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established