Lockington Bush Nursing Centre Inc

[2013] FWCA 325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lockington Bush Nursing Centre Inc
(AG2012/14510)

LOCKINGTON & DISTRICT BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2013

Application for approval of the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Lockington & District 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 Lockington 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 30 January 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

Lockington Bush Nursing Centre Inc was the applicant seeking approval of its Nurses Enterprise Agreement 2012. The applicant contended that the agreement met all statutory requirements and should be approved by the Fair Work Commission. The dispute was heard in the Federal Circuit Court of Australia.

The primary legal issues before the court were whether the agreement complied with all relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. In particular, the court needed to determine if the agreement had been made in good faith, if it contained the necessary minimum terms, and if it was made in accordance with the procedural requirements of the legislation. The court also considered whether the agreement was in the best interests of the employees it covered.

The court examined the evidence provided by both the applicant and the respondent. The applicant presented documentation and witness statements to demonstrate that the agreement was made in good faith and contained all required minimum terms. The court found that the agreement had been made following a process that met legislative requirements and was in the best interests of the employees. The court was satisfied that the agreement was fair and reasonable, and approved the application for the agreement.

The court's final order was that the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 be approved in accordance with section 234 of the Fair Work Act 2009. The agreement is now a legally binding enterprise agreement between the employer and the employees it covers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established