DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harrow Bush Nursing Centre Inc
(AG2020/3362)

HARROW BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Harrow Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] Application has been made by Harrow Bush Nursing Centre Inc for approval of a single enterprise agreement known as the Harrow Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

[4] The Agreement covers the Australian Nursing and Midwifery Federation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Harrow Bush Nursing Centre Inc for the approval of the Nurses Enterprise Agreement 2020. The applicants sought to have the agreement, which outlined terms and conditions for nurses employed by the centre, formally recognised and enforced. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including the need for a genuine enterprise agreement and the satisfaction of procedural requirements.

The legal issues at hand required the Commission to determine if the agreement was genuinely an enterprise agreement, whether it was made in accordance with the prescribed procedures, and if it complied with the substantive requirements of the Fair Work Act. The Commission also needed to assess if there were any unfair elements within the agreement that would render it unjust or inappropriate for approval.

In its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement was genuinely an enterprise agreement, as it was made by nurses employed by the centre for the purpose of regulating their terms and conditions of employment. The Commission also determined that the agreement was made in accordance with the prescribed procedures and that it complied with the substantive requirements of the Fair Work Act. The Commission was satisfied that there were no unfair elements within the agreement and that it was in the best interests of the employees. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Nurses Enterprise Agreement 2020, finding that it met the statutory requirements for approval and was in the best interests of the employees. The decision affirmed the importance of genuine enterprise agreements and the role of the Commission in ensuring that such agreements are fair and just.

Harrow Bush Nursing Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established