Good Shepherd Aged Services

[2014] FWCA 138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Good Shepherd Aged Services
(AG2013/11685)

GOOD SHEPHERD AGED SERVICES NURSING STAFF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 8 JANUARY 2014

Application for approval of the Good Shepherd Aged Services Nursing Staff Enterprise Agreement 2013.

[1] On 28 November 2013 Good Shepherd Aged Services (Applicant) made an application for approval of the Good Shepherd Aged Services Nursing Staff Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 January 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Good Shepherd Aged Services Nursing Staff Enterprise Agreement 2013. The applicants, who were registered nurses, brought the application under section 234 of the Fair Work Act 2009. The respondents were Good Shepherd Aged Services and its subsidiary entities, which were employers of the nurses.

The legal issues before the FWC were whether the agreement met the requirements for approval under section 233 of the Fair Work Act. Specifically, the FWC had to determine if the agreement provided for pay and conditions that were no worse off than the relevant national employment standards, and if it did not contain any provisions that were contrary to public policy or unprotected industrial action. The FWC also had to consider if the agreement was made in good faith and if it was appropriately certified.

The FWC found that the agreement met all the requirements for approval. The FWC noted that the agreement provided for pay and conditions that were not worse off than the relevant national employment standards and did not contain any provisions that were contrary to public policy or unprotected industrial action. The FWC also found that the agreement was made in good faith and was appropriately certified. The FWC approved the agreement, subject to some minor amendments to correct typographical errors.

The FWC made an order approving the Good Shepherd Aged Services Nursing Staff Enterprise Agreement 2013, subject to the minor amendments noted by the FWC. The order is effective from the date of the FWC’s decision. The applicants and respondents are bound by the terms of the agreement, which now has the force of an approved enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established