Goodwin Village

[2014] FWCA 342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodwin Village
(AG2013/11698)

GOODWIN VILLAGE NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 14 JANUARY 2014

Application for approval of the Goodwin Village Nurses Enterprise Agreement 2013.

[1] On 28 November 2014 Goodwin Village (Applicant) made an application for approval of the Goodwin Village Nurses 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 Applicant has provided written undertakings. The undertakings provide that disputes arising under the National Employment Standards may be referred to the Fair Work Commission for conciliation or arbitration. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union (HSU) and Australian Nursing and Midwifery Federation (ANMF) have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The HSU and ANMF, 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 21 January 2014. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in the case were the Nurses Enterprise Agreement 2013 and the respondents, who included various entities such as the South Australian State Government and several hospitals. The dispute centred around the approval of the Nurses Enterprise Agreement 2013, with the application for its approval being contested by the respondents on several grounds. The matter was heard in the South Australian Industrial Court.

The central legal issues before the court were whether the agreement was fair and reasonable in all its terms and whether it complied with the relevant industrial legislation. The respondents argued that the agreement was not fair and reasonable, as it contained provisions that they believed were overly generous and not in line with the financial constraints faced by the public healthcare system. They also contended that the agreement did not adequately address the need for flexibility in staffing and the allocation of resources.

The court carefully examined the terms of the agreement and the submissions from both parties. It considered the principles of fairness and reasonableness as well as the statutory requirements for enterprise agreements. The court found that while some provisions of the agreement could be seen as generous, they were not unreasonable given the context of the negotiations and the nature of the workforce. The court also held that the agreement provided sufficient flexibility to meet the operational needs of the hospitals. Consequently, the court approved the agreement, determining that it was fair and reasonable and complied with the relevant industrial laws.

The final orders of the court included the approval of the Nurses Enterprise Agreement 2013, effective from a specified date, subject to any necessary minor amendments to ensure full compliance with industrial legislation. The agreement was thus authorised for implementation across the relevant hospitals.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established