DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lockington & District Bush Nursing Centre Inc
(AG2020/3264)

LOCKINGTON & DISTRICT BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lockington & District Bush Nursing Centre Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that Clauses 26(d), 27(e)(iv), 25(g)(i) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lockington & District Bush Nursing Centre Inc., sought approval of the Nurses Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for the proper operation of the centre, including ensuring that the nurses were fairly compensated for their work, while also taking into account the economic circumstances of the organisation.

The Commission considered the evidence presented by both parties and found that the agreement provided for a fair and reasonable set of terms and conditions for the nurses. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and other benefits, which the Commission found to be reasonable in the circumstances. The Commission also noted that the agreement took into account the economic circumstances of the organisation, including its financial sustainability, and provided for a fair and reasonable set of terms and conditions for the nurses.

Based on its findings, the Commission approved the agreement, subject to certain modifications to the leave provisions to ensure that they were consistent with the relevant legislative provisions. The Commission found that the agreement provided for the proper operation of the centre and met the criteria for approval under the Fair Work Act 2009. The applicant was ordered to implement the modified agreement, which provided for the fair and reasonable terms and conditions for the nurses.

Lockington & District Bush Nursing Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established