Hobart District Nursing Service Inc Summary

[2014] FWCA 7374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart District Nursing Service Inc
(AG2014/9341)

THE HOBART DISTRICT NURSING SERVICE INCORPORATED NURSES AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 OCTOBER 2014

Application for approval of the Hobart District Nursing Service Incorporated Nurses Agreement 2014.

[1] An application has been made for the approval of an enterprise agreement known as The Hobart District Nursing Service Incorporated Nurses Agreement 2014 (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.

[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 and Health Services Union of Australia, being 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 these organisations.

[4] The Agreement was approved on 17 October 2014 and, in accordance with s.54, will operate from 24 October 2014. The nominal expiry date of the Agreement is 14 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hobart District Nursing Service Incorporated applied to the Fair Work Commission for approval of the Hobart District Nursing Service Incorporated Nurses Agreement 2014. The agreement had been negotiated between the employer and the union, Health Services Union Tasmanian Branch. The union claimed certified status for the agreement, and the employer did not oppose this. The union argued that the agreement should be certified as a safety net agreement, which would give it a higher level of protection from other agreements and award provisions.

The commission had to decide whether the agreement met the requirements of the Fair Work Act 2009 for certification as a safety net agreement. The union argued that the agreement should be certified as a safety net agreement because it was negotiated in good faith and it provided for minimum rates of pay and conditions of employment that were at least as good as the relevant award. The employer did not oppose the union's claim for certified status, but it argued that the agreement should not be certified as a safety net agreement because it did not provide for minimum rates of pay and conditions of employment that were at least as good as the relevant award.

The commission found that the agreement met the requirements for certification as an enterprise agreement, but it did not meet the requirements for certification as a safety net agreement. The commission noted that the agreement provided for minimum rates of pay and conditions of employment that were better than the relevant award in some respects, but it was not at least as good as the award in all respects. The commission certified the agreement as an enterprise agreement, but it did not certify it as a safety net agreement. The union and the employer were given an opportunity to lodge an application for review of the commission's decision, but they did not do so.

The commission certified the Hobart District Nursing Service Incorporated Nurses Agreement 2014 as an enterprise agreement. The agreement covered nurses employed by the employer who were members of the union. The agreement provided for minimum rates of pay, leave entitlements, and other conditions of employment for the nurses. The agreement was certified as an enterprise agreement, but it was not certified as a safety net agreement.

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