DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home Inc
(AG2018/3003)

HILLVIEW BUNYIP AGED CARE NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	DARWIN, 19 NOVEMBER 2018

Application for approval of the Hillview Bunyip Aged Care Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hillview Bunyip Aged Care 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 Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hillview Bunyip Aged Care Inc trading as Bunyip Hillview Hostel and Nursing Home Inc, applied to the Fair Work Commission for approval of the Hillview Bunyip Aged Care Nurses Enterprise Agreement 2018. The respondents, who opposed the application, included the Health Services Union of Australia, the Registered Nurses Association of Queensland, and several employees of the applicant. The dispute centered on the validity and fairness of the proposed enterprise agreement, which aimed to set terms and conditions for nurses employed by the applicant. The matter was heard by the Fair Work Commission, an Australian independent statutory body with jurisdiction over employment-related disputes.

The legal issues before the Commission were whether the agreement had been genuinely negotiated and whether it met the requirements for a modern award under the Fair Work Act 2009. The Commission had to determine if the agreement contained minimum terms and conditions that were not less favorable than the relevant modern award, and whether it had been fairly and genuinely negotiated. Additionally, the Commission examined if the agreement complied with procedural requirements such as the provision of relevant information to employees and the opportunity for employees to be represented during the negotiation process.

The Fair Work Commission found that the application did not meet the necessary standards for genuine negotiation and approval of the enterprise agreement. The Commission highlighted that the applicant had failed to provide relevant information to the employees and had not allowed for proper representation during the negotiation process. As a result, the Commission concluded that the agreement could not be approved under section 230 of the Fair Work Act 2009. Consequently, the application was dismissed, and the proposed enterprise agreement was not approved.

The Commission did not make any orders, as the dismissal of the application meant that the proposed enterprise agreement was not approved. The decision underscored the importance of genuine negotiation and procedural compliance in the formation of enterprise agreements under Australian labour law.

Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established