DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart District Nursing Service Inc T/A The District Nurses
(AG2020/2745)

HOBART DISTRICT NURSING SERVICE INC. NON NURSING AGREEMENT 2020

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 19 OCTOBER 2020

Application for approval of the Hobart District Nursing Service Inc. Non Nursing Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hobart District Nursing Service Inc. Non Nursing Agreement 2020 (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 T/A The District Nurses. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 26 October 2020. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Hobart District Nursing Service Inc trading as The District Nurses and another party. The dispute centred around the approval of the Non Nursing Agreement 2020. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes and the enforcement of workplace agreements.

The central legal issue was whether the Non Nursing Agreement 2020 was consistent with the requirements of the Fair Work Act 2009 and whether it should be approved. The agreement in question pertained to the terms and conditions of employment for certain staff members who were not classified as nurses but were employed under the entity's services. The Commission needed to determine if the agreement was fair, balanced, and in line with the legislative provisions governing workplace agreements.

The Commission assessed the agreement against the criteria set out in the Fair Work Act, including whether it provided for minimum entitlements and did not unfairly disadvantage the employees. The court examined the specific terms of the agreement, the negotiation process, and the parties' compliance with the relevant legislative framework. Ultimately, the Commission concluded that the agreement met the necessary standards and approved it, finding that it was fair and balanced, and in compliance with the statutory requirements. The approval of the agreement allows the parties to proceed under the terms outlined within it, subject to any further legal challenges or amendments as necessary.

Hobart District Nursing Service Inc T/A The District Nurses

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established