DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lake Bolac Bush Nursing Centre Inc.
(AG2017/6312)

LAKE BOLAC BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 27 MARCH 2018

Application for approval of the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017 (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 Applicant 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Lake Bolac Bush Nursing Centre Inc., applied to the Fair Work Commission for approval of the 2017 Nurses Enterprise Agreement. The agreement was to cover nurses employed by the Centre, who were represented by the Australian Nursing and Midwifery Federation. The application was opposed by the respondents, a group of nurses employed by the Centre. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was made in good faith, and whether it was appropriately certified by the Australian Electoral Commission.

The central legal issues were whether the agreement complied with the mandatory provisions of the Fair Work Act, and whether it was made in good faith and without coercion. The Commission needed to assess if the agreement covered all required matters, was certified correctly, and provided for terms and conditions that were fair and reasonable. The applicants argued that the agreement was made in good faith and without coercion, while the respondents contended that the agreement was not fair and reasonable and was made without genuine negotiation.

The Commission determined that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement was appropriately certified and covered all necessary matters. The Commission rejected the respondents' arguments that the agreement was not fair and reasonable or that it was made without genuine negotiation. Consequently, the application for approval was successful.

The Fair Work Commission approved the 2017 Nurses Enterprise Agreement between Lake Bolac Bush Nursing Centre Inc. and the Australian Nursing and Midwifery Federation, dismissing the opposition from the group of nurses. The Commission found that the agreement met all legal requirements for approval and provided for fair and reasonable terms and conditions of employment. The Commission certified the agreement, which will now apply to the nurses employed by the Centre.

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