DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart District Nursing Service Inc
(AG2019/3041)

HOBART DISTRICT NURSING SERVICE INC. NON NURSING ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Hobart District Nursing Service Inc. Non Nursing Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hobart District Nursing Service Inc. Non Nursing Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hobart District Nursing Service Inc (Employer). 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] 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. The undertakings are taken to be terms of the Agreement.

[4] The Health Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 14 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were the Hobart District Nursing Service Inc (the employer) and the Tasmanian Nurses and Midwives Association (the union). The dispute related to the employer's application to the Fair Work Commission (the Commission) for the approval of a new enterprise agreement, titled the Hobart District Nursing Service Inc Non Nursing Enterprise Agreement 2018 (the Agreement). The application was heard by Deputy President S A J Hardy of the Commission.

The central legal issue that the Commission had to address was whether the Agreement complied with the relevant statutory requirements. Specifically, the Commission needed to determine if the Agreement met the conditions set out in sections 232 and 233 of the Fair Work Act 2009. The employer argued that the Agreement was valid and should be approved, while the union contended that the Agreement did not comply with the statutory provisions.

In its decision, the Commission thoroughly examined the Agreement against the statutory criteria. The Commission found that the Agreement had been appropriately negotiated and met the necessary procedural requirements. It also found that the terms and conditions set out in the Agreement were fair and reasonable, taking into account the overall context of the employer's business and the interests of the employees. Consequently, the Commission approved the Agreement, determining that it complied with the statutory provisions and should be registered.

As a result of the Commission's decision, the Hobart District Nursing Service Inc Non Nursing Enterprise Agreement 2018 was approved and registered. The Agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the Agreement.

Hobart District Nursing 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