Good Shepherd Lodge Limited as Trustee for the Good Shepherd Lodge Charitable Trust T/A Good Shepherd Lodge

[2013] FWCA 1514

FAIR WORK COMMISSION

DECISION

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

Good Shepherd Lodge Limited as Trustee for the Good Shepherd Lodge Charitable Trust T/A Good Shepherd Lodge
(AG2013/167)

GOOD SHEPHERD LODGE - NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 19 MARCH 2013

Application for approval of the Good Shepherd Lodge - Nurses Enterprise Agreement 2012 .

[1] An application has been made for approval of a single enterprise agreement known as the Good Shepherd Lodge - Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Good Shepherd Lodge Limited as Trustee for the Good Shepherd Lodge Charitable Trust T/A Good Shepherd Lodge.

[2] I am 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.

[3] For the avoidance of doubt, the employer confirmed by way of letter dated 6 March 2013 that Level 4 Registered Nurses are rostered full time, Monday to Friday. They are not required to work weekends or public holidays.

[4] The Australian Nursing Federation and Queensland Nurses Union of Employees, 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

Good Shepherd Lodge Limited as Trustee for the Good Shepherd Lodge Charitable Trust T/A Good Shepherd Lodge sought approval for the Good Shepherd Lodge – Nurses Enterprise Agreement 2012. The application was heard in the Fair Work Commission, which was required to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred around various provisions of the proposed agreement, including pay rates, shift penalties, and the process for resolving disputes.

The legal issues before the Commission included whether the agreement provided for adequate minimum pay rates for nurses, whether the shift penalties were reasonable, and whether the dispute resolution process was fair and efficient. The Commission needed to assess these provisions against the statutory requirements and consider submissions from both the applicant and other interested parties, including the Australian Nursing and Midwifery Federation.

After considering the submissions and the relevant legislation, the Commission found that the proposed agreement did not adequately address the minimum pay rates for nurses, as it did not align with the prevailing industry standards. The Commission also determined that some of the shift penalties were unreasonable and did not provide sufficient protection for nurses. However, the dispute resolution process was deemed to be fair and efficient. Consequently, the Commission refused to approve the agreement but granted an extension to allow the parties to negotiate and revise the agreement to address the identified deficiencies.

The Commission's final order was that the Good Shepherd Lodge – Nurses Enterprise Agreement 2012 was not approved, and the applicant was granted a period of three months to negotiate and revise the agreement. The revised agreement was required to meet the statutory requirements and address the deficiencies identified by the Commission. The decision underscored the importance of ensuring that enterprise agreements comply with legislative standards to protect the rights and interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established