DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lake Bolac Bush Nursing Centre Inc
(AG2020/3231)

LAKE BOLAC BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 NOVEMBER 2020

Application for approval of the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lake Bolac Bush Nursing Centre Inc. 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 Lake Bolac Bush Nursing Centre Inc. 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 as are relevant to this application for approval have been met.

[4] I note that Clauses 26(d), 27(i)(5) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Nursing and Midwifery Federation 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Lake Bolac Bush Nursing Centre Inc. sought approval for its Nurses Enterprise Agreement 2020 in the Fair Work Commission. The dispute involved the Centre's application to have the agreement registered with the Fair Work Commission, a step necessary for the agreement to be enforceable. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, bargaining process, and compliance with relevant laws. The Commission had to ensure that the agreement was made in good faith and provided for the proper process for resolution of disputes.

The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The Centre argued that the agreement was the result of good faith negotiations, while the opposing party contended that the process was flawed. The Commission reviewed the evidence provided and found that the agreement was indeed the product of genuine bargaining. The Commission also considered whether the agreement provided for a proper process for resolving disputes and whether it met the criteria for coverage and registration under the Act. After thorough consideration, the Commission concluded that the agreement met all the necessary legal requirements.

The Fair Work Commission approved the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020. The Commission found that the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act 2009. The Commission also determined that the agreement provided for an appropriate process for resolving disputes and was suitable for registration. The decision was made in favour of the Centre, allowing the agreement to be registered and enforceable.

Lake Bolac Bush Nursing Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established