DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson Goodwin Memorial Homes T/A Goodwin Village
(AG2020/1609)

GOODWIN VILLAGE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JUNE 2020

Application for approval of the Goodwin Village Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Goodwin Village Nurses Enterprise 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 Johnson Goodwin Memorial Homes T/A Goodwin Village. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 24(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation (ANMF) 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 was approved on 25 June 2020 and, in accordance with s.54, will operate from 2 July 2020. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Johnson Goodwin Memorial Homes trading as Goodwin Village, sought approval of the Goodwin Village Nurses Enterprise Agreement 2020. The applicant is a not-for-profit organisation that provides aged care services in Queensland, and the dispute centred around the terms and conditions of employment for registered and enrolled nurses within the organisation. The application was contested by the Queensland Nurses and Midwives’ Union, which argued that the proposed agreement did not adequately protect the rights and conditions of the nurses.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the ‘better off overall test’ under section 231 of the Act, which requires that the agreement must not reduce the overall pay and conditions of employees. The Commission also had to determine whether the agreement contained appropriate provisions for the negotiation of future enterprise agreements, as required by section 233 of the Act.

After considering the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement met the better off overall test and contained appropriate provisions for the negotiation of future agreements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the nurses, and that it met the requirements of the Fair Work Act. Accordingly, the Commission approved the agreement and issued a certificate of registration under section 241 of the Act. The final orders of the Commission included the approval of the agreement and the registration of the agreement as a registered agreement under the Act.

Johnson Goodwin Memorial Homes T/A Goodwin Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established