Leongatha Heathcare Services Trust Summary

[2013] FWCA 2799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leongatha Heathcare Services Trust
(AG2013/5963)

LEONGATHA HEALTHCARE SERVICES TRUST PRACTICE NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 7 MAY 2013

Application for approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2013.

[1] On 9 April 2013 Leongatha Healthcare Services Trust made an application for approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth.) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] 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 this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 14 May 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Leongatha Healthcare Services Trust and several registered nurses who worked for the Trust. The dispute pertained to the application for approval of the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, where the applicants sought to have the agreement approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the procedural requirements for approval, including whether it had been appropriately bargained and whether it contained terms that were consistent with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement provided for appropriate pay and conditions for the employees, and whether it contained any unfair terms.

The Commission found that the agreement had been appropriately bargained and met the procedural requirements for approval. The Commission noted that the agreement provided for fair pay and conditions for the employees, and that it contained no unfair terms. The Commission approved the agreement, finding that it was in the best interests of the employees and the Trust.

The Fair Work Commission approved the Leongatha Healthcare Services Trust Practice Nurses Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act and provided for fair pay and conditions for the employees. The Commission's decision provides guidance for employers and employees in the healthcare sector when negotiating enterprise agreements.

Leongatha Heathcare Services Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established