DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gelantipy District Bush Nursing Centre Inc.
(AG2017/6335)

GELANTIPY DISTRICT BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 10 APRIL 2018

Application for approval of the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gelantipy District Bush Nursing Centre Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gelantipy District Bush Nursing Centre Inc. was the subject of an application before the Fair Work Commission for approval of its Nurses Enterprise Agreement 2017. The applicant, Gelantipy District Bush Nursing Centre Inc., sought approval of the agreement, which was intended to govern the terms and conditions of employment for registered nurses working under its auspices. The application was made in accordance with the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the necessary criteria for approval under the legislation.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Procedurally, the Commission needed to determine if the agreement had been made in good faith and whether there had been adequate consultation between the parties. Substantively, the Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the provisions of the National Employment Standards and the National Wage Case. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any employee.

In reaching its decision, the Commission noted that the agreement had been made in good faith and that adequate consultation had taken place between the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the National Employment Standards and the National Wage Case. The Commission also concluded that the agreement did not unfairly disadvantage any employee. Based on these findings, the Commission approved the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017. The approval was issued under section 232 of the Fair Work Act 2009, and the agreement was registered with the Fair Work Commission.

Gelantipy District Bush Nursing Centre Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established