DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harrow Bush Nursing Centre Inc.
(AG2018/4714)

HARROW BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 29 NOVEMBER 2018

Application for approval of the Harrow Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Harrow Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Harrow Bush Nursing Centre Inc. to have the Nurses Enterprise Agreement 2018 approved by the Fair Work Commission. The dispute centred around the terms and conditions of employment for nurses working at the nursing centre. The matter was heard in the Fair Work Commission.

The key legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine agreement, whether it complied with the "better off overall test" and whether it contained the mandatory terms as required by the Act. The Commission also needed to determine if the agreement was fair and reasonable, and whether it was consistent with the public interest.

The Commission found that the proposed enterprise agreement was genuine, as it was made in good faith and was not made under duress or coercion. The agreement also satisfied the better off overall test, as the majority of the employees would be no worse off financially and would benefit from various improvements to their working conditions. The Commission further determined that the agreement contained all the mandatory terms required by the Act and was fair and reasonable. The Commission concluded that the agreement was consistent with the public interest and approved the application for the agreement to be registered.

The Commission ordered that the Nurses Enterprise Agreement 2018 be registered, effective from the date of registration. The agreement would then apply to all nurses employed by the Harrow Bush Nursing Centre Inc. from the specified commencement date, providing them with the terms and conditions set out in the approved agreement.

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