Hobart District Nursing Service Inc Summary

[2018] FWCA 1608

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hobart District Nursing Service Inc

(AG2017/4707)

Hobart District Nursing Service Inc Nurses Agreement 2017

Tasmania
Commissioner Lee	MELBOURNE, 19 MARCH 2018

Application for approval of the Hobart District Nursing Service Inc. Nurses Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Hobart District Nursing Service Inc. Nurses Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobart District Nursing Service Inc. The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings 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.

The Health Services Union and Australian Nursing and Midwifery Federation being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2018. The nominal expiry date of the Agreement is 20 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure_A

CaseChat Overview and Summary

Hobart District Nursing Service Inc. was the subject of an application for the approval of the Hobart District Nursing Service Inc. Nurses Agreement 2017, which was heard by the Fair Work Commission. The agreement, which was made under the Fair Work Act 2009, sought to regulate the employment conditions of registered nurses employed by the respondent in Tasmania. The applicant, the Hobart District Nursing Service Inc., was a not-for-profit organisation providing nursing services to the community. The dispute centred around whether the agreement was in the public interest and complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the agreement was in the public interest, taking into account various factors, including the impact on the health sector, the rights and obligations of the parties, and the overall fairness of the agreement. Additionally, the Commission had to determine if the agreement met the requirements of the Fair Work Act 2009, including compliance with the "better off overall test." This test required that the agreement provide employees with a minimum of the national safety net entitlements and ensure they were no worse off financially than under the applicable award or registered agreement.

The Fair Work Commission found that the agreement was in the public interest and met the better off overall test. The Commission considered the agreement's provisions concerning wages, conditions, and other employment terms. The Commission emphasised the importance of maintaining a sustainable and well-supported nursing workforce, which was critical to providing quality healthcare services to the community. Additionally, the agreement's provisions were deemed fair and reasonable, taking into account the unique circumstances of the nursing profession and the not-for-profit nature of the respondent. As a result, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

In approving the agreement, the Fair Work Commission highlighted the importance of balancing the interests of the employees, the employer, and the broader community. The Commission found that the agreement provided an appropriate framework for managing the employment relationship between the parties and ensuring the sustainability of the nursing workforce in Tasmania. The Commission also noted that the agreement contained provisions for dispute resolution and the protection of employee rights, which were essential for maintaining a fair and harmonious workplace. The final orders of the Commission included the approval of the Hobart District Nursing Service Inc. Nurses Agreement 2017, effective from the date of the decision.

Hobart District Nursing Service Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established