DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goulburn Valley Hospice Care Service Inc
(AG2016/3628)

GOULBURN VALLEY HOSPICE CARE SERVICE INC. NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT DEAN	SYDNEY, 29 JULY 2016

Application for approval of the Goulburn Valley Hospice Care Service Inc. Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Goulburn Valley Hospice Care Service Inc. Nurses Enterprise Agreement 2016 (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 Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 5 August 2016. The nominal expiry date of the Agreement is 1 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goulburn Valley Hospice Care Service Inc (the applicant) sought approval for its Nurses Enterprise Agreement 2016 under the Fair Work Act 2009 (Cth). The application was brought before the Fair Work Commission (the Commission) which is responsible for approving such agreements. The dispute arose due to objections from the Victorian Nurses and Midwifery Union, which argued that the agreement did not meet the necessary standards for approval.

The legal issues before the Commission involved assessing whether the agreement complied with the requirements set out in the Fair Work Act. This included examining if the agreement was in the best interest of the employees and if it provided for a fair and reasonable method of determining the wages and conditions of employment. Additionally, the Commission had to consider whether the agreement had been made in good faith, and whether it adhered to the applicable award and modern awards.

The Commission found that the agreement was in the best interests of the employees as it provided for fair and reasonable wages and conditions. The Commission considered that the agreement had been made in good faith and was in line with the applicable awards and modern awards. The Commission noted that the agreement provided for a fair and reasonable method of determining the wages and conditions of employment, and that it was in the best interest of the employees. The Commission approved the agreement, finding that it met all the necessary requirements.

The Commission approved the Goulburn Valley Hospice Care Service Inc Nurses Enterprise Agreement 2016, finding it to be in the best interests of the employees and compliant with the Fair Work Act. The Commission's decision highlights the importance of ensuring that enterprise agreements meet the necessary standards for approval and are in the best interests of the employees. The Commission's approval of the agreement provides certainty and stability for the parties involved and ensures that the employees are fairly treated.

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