DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Hospice Care Service Inc
(AG2019/4230)

GOULBURN VALLEY HOSPICE CARE SERVICE INC. NURSES ENTERPRISE AGREEMENT 2019-2023

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Goulburn Valley Hospice Care Services Inc. Nurses Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Hospice Care Services Inc. Nurses Enterprise Agreement 2019-2023 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 18 December 2019 and, in accordance with s.54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 1 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Goulburn Valley Hospice Care Service Inc. sought approval of the Goulburn Valley Hospice Care Services Inc. Nurses Enterprise Agreement 2019-2023. The application was made by the hospice, which is an employer, and the Australian Nursing and Midwifery Federation, which represents the nurses. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to consider the fairness and appropriateness of the agreement's terms and conditions.

The primary legal issues before the Commission were whether the agreement complied with the procedural fairness requirements and whether it met the "better off overall test" as outlined in the Fair Work Act. This involved assessing if the agreement provided employees with no less favourable financial or other conditions than they would have under the applicable award or safety net award. The Commission also needed to ensure that the agreement did not unfairly disadvantage any employee or group of employees.

The Commission found that the agreement was procedurally fair as it was negotiated in good faith and provided for proper representation of the parties involved. The agreement was also found to meet the better off overall test, as the nurses were not worse off financially or in terms of other conditions compared to what they would have received under the applicable award. Additionally, the Commission concluded that the agreement did not unfairly disadvantage any employee or group of employees, as all employees would benefit from the specified terms and conditions. Consequently, the Commission approved the agreement.

The final order of the Commission was the approval of the Goulburn Valley Hospice Care Services Inc. Nurses Enterprise Agreement 2019-2023, which will now be applicable to the nurses employed by the hospice from the specified period. The approval was granted on the basis that the agreement met all the legal requirements set out in the Fair Work Act.

Goulburn Valley Hospice Care Service Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established