Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd

[2022] FWCA 103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd

(AG2021/9052)

Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2021

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 14 JANUARY 2022

Application for approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd applied for the approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2021. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant sought to finalise the terms of employment for practice nurses within its organisation, and the respondent raised concerns regarding several provisions in the proposed agreement.

The central legal issue was whether the agreement contained any provisions that were not genuinely agreed upon by the parties, whether it provided for minimum rates of pay and conditions, and whether it complied with the procedural requirements for approval. The respondent argued that certain provisions of the agreement were not genuinely agreed upon, did not provide for minimum rates of pay and conditions, and did not meet the procedural requirements. The applicant, on the other hand, maintained that the agreement was fairly negotiated and met all statutory criteria for approval.

The Commission found that the agreement was genuinely negotiated and met all the statutory requirements for approval. The Commission examined the evidence provided by both parties and concluded that the agreement contained provisions that were genuinely agreed upon and provided for minimum rates of pay and conditions. The Commission also found that the procedural requirements for approval were satisfied. The Commission approved the agreement, stating that it was in the best interests of the practice nurses and the organisation.

The Commission approved the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2021. The applicant may now implement the agreement, and it will be applicable to the practice nurses within its organisation. The respondent's concerns were addressed and resolved by the Commission's findings, and the agreement was deemed to be fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established