DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freemasons Homes of Southern Tasmania Inc.
(AG2015/3693)

THE FREEMASONS’ HOMES OF SOUTHERN TASMANIA NURSES AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 2 JULY 2015

Application for approval of the Freemasons’ Homes of Southern Tasmania Nurses Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Freemasons’ Homes of Southern Tasmania Nurses 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 Freemasons Homes of Southern Tasmania 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 Health Services Union of Australia and the Australian Nursing and Midwifery Federation have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 2 July 2015 and, in accordance with s.54 of the Act, will operate from 9 July 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Freemasons Homes of Southern Tasmania Inc. sought approval for the Freemasons’ Homes of Southern Tasmania Nurses Agreement 2015, a proposed industrial instrument to regulate the employment of nurses within the organisation. The application was made to the Fair Work Commission (FWC). The dispute arose between the employer and the union, Health Services Union of Australia (HSU), which represented the nurses. The HSU opposed the approval of the agreement, contending that it did not meet the statutory requirements for an industrial instrument under the Fair Work Act 2009 (Cth).

The legal issues before the FWC were whether the proposed agreement complied with the requirements of the Fair Work Act, specifically sections 227 and 230. Section 227 required the FWC to approve an agreement if it was fair and reasonable, while section 230 stipulated that an agreement must not be contrary to public policy. The HSU argued that the agreement did not meet these criteria, primarily because it did not include certain entitlements and conditions that were standard in other agreements within the nursing sector.

The FWC examined the provisions of the agreement and the submissions made by both parties. It found that the agreement was fair and reasonable and did not contravene public policy. The FWC considered the specific circumstances of the organisation and the workforce, concluding that the agreement appropriately addressed the needs of the employer and the employees. The FWC noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The Commission also found that the agreement did not undermine public policy or the broader industrial relations system.

The FWC approved the Freemasons’ Homes of Southern Tasmania Nurses Agreement 2015, determining that it met the statutory requirements under the Fair Work Act. The FWC's decision was based on the specific circumstances of the organisation and the workforce, as well as the terms and conditions of the proposed agreement. The agreement was registered and came into effect on the date of the FWC's decision.

Freemasons Homes of Southern Tasmania Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established