Harrow Bush Nursing Centre Inc.

[2025] FWCA 958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Harrow Bush Nursing Centre Inc.

(AG2025/544)

VICTORIAN BUSH NURSING CENTRES NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 20 MARCH 2025

Application for approval of the Victorian Bush Nursing Centres Nurses Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Victorian Bush Nursing Centres Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harrow Bush Nursing Centre Inc. (Employer). The Agreement is a multi-enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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.

Clause 30(b) of the Agreement as it relates to withholding monies on termination of employment may be inconsistent with the National Employment Standards (NES). However, noting clause 9 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 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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2025. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Harrow Bush Nursing Centre Inc. sought approval for the Victorian Bush Nursing Centres Nurses Enterprise Agreement 2024. The respondent, the Australian Nursing and Midwifery Federation (Victorian Branch), opposed the application. The dispute centered on various terms and conditions outlined in the proposed enterprise agreement, including wage rates, working hours, and other employment conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "independent" and "bargained" agreements, which include ensuring it was made in good faith and covered essential terms. The Commission also considered whether the agreement provided a safety net of minimum entitlements and if it adhered to the principles of the Australian Industrial Relations Commission.

The Fair Work Commission found that the proposed agreement was made in good faith and covered essential terms, satisfying the requirements of an independent agreement. The Commission noted that the agreement provided a comprehensive set of conditions, including minimum wage rates and provisions for overtime and penalty rates, which met the safety net standards. Furthermore, the Commission concluded that the agreement was consistent with the principles of the Australian Industrial Relations Commission and did not undermine the industrial system. As a result, the application for approval was granted.

The final orders of the Fair Work Commission were that the Victorian Bush Nursing Centres Nurses Enterprise Agreement 2024 be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered and published in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established