DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gelantipy District Bush Nursing Centre
(AG2020/3278)

GELANTIPY DISTRICT BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (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. 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. The undertakings are taken to be a term of 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 that Clause 26(d) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 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 26 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Gelantipy District Bush Nursing Centre, represented by its employer association, made an application to the Fair Work Commission for the approval of the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020. The applicant sought to have the agreement approved as a transitional agreement under section 228 of the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the procedural requirements of the Act, and whether it contained the necessary substantive provisions to be considered a valid enterprise agreement.

The Commission examined the application to ensure that the agreement was made in accordance with the procedural requirements of the Fair Work Act, including the appropriate bargaining processes. Additionally, the Commission needed to assess whether the agreement met the substantive requirements, including provisions related to minimum terms and conditions of employment, such as rates of pay, classification, and other employment conditions. The Commission also considered whether the agreement contained appropriate dispute resolution mechanisms.

After considering the evidence and submissions from both parties, the Commission determined that the agreement met the procedural and substantive requirements of the Fair Work Act. The agreement was found to be a genuine enterprise agreement, and contained appropriate provisions for the employment of nurses within the enterprise. The Commission approved the Gelantipy District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020, and the applicant's application was subsequently granted.

Gelantipy District Bush Nursing Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established