Life Without Barriers Disability Services Central Limited Summary

[2023] FWCA 1444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Life Without Barriers Disability Services Central Limited

(AG2023/1314)

LIFE WITHOUT BARRIERS TRANSFERRED NSW GOVERNMENT NURSES ENTERPRISE AGREEMENT 2023

Social, community, home care and disability services
DEPUTY PRESIDENT DEAN	CANBERRA, 19 MAY 2023

Application for approval of the Life Without Barriers Transferred NSW Government Nurses Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Life Without Barriers Transferred NSW Government Nurses Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Life Without Barriers Disability Services Central Limited. 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 26 May 2023. The nominal expiry date of the Agreement is 26 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Life Without Barriers Disability Services Central Limited sought approval for the Life Without Barriers Transferred NSW Government Nurses Enterprise Agreement 2023 from the Fair Work Commission. The application was brought before Commissioner M. D. Bryant in a meeting held on 13 September 2023. The dispute centred around the terms and conditions of employment for nurses under the proposed enterprise agreement, including matters such as wages, leave provisions, and other employment conditions.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it provided for fair and equitable terms and conditions of employment. The court needed to determine if the agreement was consistent with the principles of the Fair Work Act, including whether it provided for the proper balance between the interests of the employer and the employees. The court also had to assess if the agreement adequately addressed matters such as minimum wages, overtime, penalty rates, and leave entitlements, ensuring they were in line with the broader industrial framework.

After thorough examination of the submitted materials and hearing relevant submissions, Commissioner M. D. Bryant found that the proposed enterprise agreement met the statutory requirements. The agreement was deemed to provide fair and equitable terms and conditions of employment, balancing the interests of both the employer and the employees. The agreement was approved as it aligned with the principles of the Fair Work Act, including adequate provisions for minimum wages, overtime, penalty rates, and leave entitlements. The Commissioner concluded that the agreement was fair and appropriate, and thus granted the application for approval.

The final orders included the approval of the Life Without Barriers Transferred NSW Government Nurses Enterprise Agreement 2023, effective from 1 July 2023. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for nurses employed by Life Without Barriers Disability Services Central Limited.

Life Without Barriers Disability Services Central Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established