DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd
(AG2018/1038)

LEONGATHA HEALTHCARE SERVICES TRUST PRACTICE NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2018

Application for approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Leongatha Healthcare Services Trust Practice 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 Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd. 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 18 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd recently came before the Fair Work Commission to seek approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2017. The applicant, Leongatha Healthcare, sought approval for the agreement under the Fair Work Act 2009, as it believed the agreement would provide appropriate terms and conditions for its practice nurses. The application was made against the backdrop of negotiations between the parties that had resulted in an agreement, but one that required the Commission's approval to be registered.

The primary legal issue before the Commission was whether the terms of the proposed agreement were appropriate and met the requirements for registration under the Fair Work Act 2009. This included assessing whether the agreement provided for the minimum entitlements prescribed by the Act and whether it had been made in good faith and without the coercion or undue influence. Additionally, the Commission had to consider whether the agreement was in the public interest and whether it would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided for the minimum entitlements required by the Fair Work Act 2009 and had been made in good faith. The Commission was satisfied that the agreement had been negotiated without undue influence and was in the public interest. Furthermore, it concluded that the agreement would promote harmonious, productive, and cooperative workplace relations. Based on these findings, the Commission approved the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2017. As a result, the agreement was registered, and the terms and conditions it contained became legally binding on the parties.

Leongatha Healthcare Services Trust T/A Leongatha Healthcare Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established