Goulburn Valley Hospice Care Service Inc

[2024] FWCA 3067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goulburn Valley Hospice Care Service Inc

(AG2024/2960)

GOULBURN VALLEY HOSPICE CARE SERVICE INC NURSES ENTERPRISE AGREEMENT 2024-28

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 22 AUGUST 2024

Application for approval of the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28.

An application has been made for approval of an enterprise agreement known as the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goulburn Valley Hospice Care Service Inc. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Nurses Award 2020 is taken to be a term of the Agreement.

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.

The Australian Nursing and Midwifery Federation (ANMF) 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. The ANMF support approval of the Agreement.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 24(d)(i) – Public Holidays

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2024. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28 was heard by the Fair Work Commission. The applicant, Goulburn Valley Hospice Care Service Inc, sought approval of the enterprise agreement to regulate the terms and conditions of employment for nurses employed by the organisation. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement contained the minimum terms and conditions prescribed by the Act, and whether the agreement had been made in good faith and without coercion. The Commission also needed to assess whether the agreement was in the best interests of the employees and the employer. Furthermore, the Commission had to consider whether any terms in the agreement were contrary to public policy or otherwise unlawful.

The Commission found that the proposed agreement contained the required minimum terms and conditions and had been made in good faith. The Commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and that no terms were contrary to public policy or otherwise unlawful. As a result, the Commission approved the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28.

The Fair Work Commission approved the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2024-28, effective from the date of the decision. The agreement regulates the terms and conditions of employment for nurses employed by the organisation and will be in force until the specified end date. The Commission's decision ensures that the agreement complies with the requirements of the Fair Work Act 2009 and provides a fair and reasonable framework for the employment relationship between the organisation and its nurses.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established