Lake Bolac Bush Nursing Centre Inc Summary

[2013] FWCA 745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lake Bolac Bush Nursing Centre Inc
(AG2012/14535)

LAKE BOLAC BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lake Bolac Bush Nursing Centre Inc. 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.

[3] The Australian Nursing 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lake Bolac Bush Nursing Centre Inc. sought approval of its Nurses Enterprise Agreement 2012 in the Fair Work Commission. The application involved the dispute over the terms and conditions of employment for nurses at the centre, with the primary focus on whether the agreement met the requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, if it was genuinely negotiated, and whether it met the requirements for "no disadvantage" under the Act. Additionally, the Commission had to determine if the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly in terms of the process for the negotiation and approval of the agreement.

The Fair Work Commission, in considering the submissions from both parties, found that the agreement was made in good faith and was genuinely negotiated. It was determined that the agreement did not result in any party suffering a disadvantage compared to the applicable award or registered agreement. Furthermore, the Commission concluded that the agreement complied with all statutory requirements and was therefore approved. The Commission found that the negotiation process was robust and that the agreement was fair and reasonable.

The Fair Work Commission approved the Lake Bolac Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012, confirming that it met all legal requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

Lake Bolac Bush Nursing Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established