| [2020] FWCA 6859 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hobart District Nursing Service Inc T/A The District Nurses
(AG2020/3635)
HOBART DISTRICT NURSING SERVICE INC. NURSES AGREEMENT 2020
Health and welfare services | |
DEPUTY PRESIDENT YOUNG | MELBOURNE, 17 DECEMBER 2020 |
Application for approval of the Hobart District Nursing Service Inc. Nurses Agreement 2020.
[1] Hobart District Nursing Service Inc (the Employer) has made an application for approval of an enterprise agreement known as the Hobart District Nursing Service Inc. Nurses Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] I observe that clause 25.12(a) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 25(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between this clause and the NES.
[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.
[4] The Agreement was approved on 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 14 August 2024.
DEPUTY PRESIDENT
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- AGLC
- Hobart District Nursing Service Inc T/A The District Nurses [2020] FWCA 6859
- Case
- [2020] FWCA 6859
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act, and whether it met the requirements for a modern award. Additionally, the Commission had to consider whether the agreement adequately protected the rights and interests of the employees while also balancing the operational needs of the employer.
In delivering its decision, the Commission considered the principles of modern awards and the need to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also assessed whether the agreement met the requirements for a modern award, including whether it provided for minimum wages, reasonable working hours, and adequate leave entitlements. After careful consideration of the evidence and submissions, the Commission approved the application and declared the agreement to be a modern award. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and met the requirements of the Fair Work Act.
The Commission made an order approving the Hobart District Nursing Service Inc. Nurses Agreement 2020 as a modern award under section 232 of the Fair Work Act 2009. The agreement was registered and took effect from the date of the Commission's decision. The decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment, ensuring that they were fair, reasonable, and compliant with the relevant legislation.
Orders
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Background
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Evidence
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