DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lockington & District Bush Nursing Centre Inc.
(AG2018/3711)

LOCKINGTON & DISTRICT BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018 (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 Australian Nursing and Midwifery Federation (ANMF) 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Lockington & District Bush Nursing Centre Inc. sought approval for the Nurses Enterprise Agreement 2018. The applicant is an employer of nurses in regional Victoria. The dispute centred on the terms and conditions of employment for the nursing staff, including pay rates, leave entitlements, and other working conditions. The Commission had to determine if the agreement met the requirements of the Fair Work Act 2009, particularly if it ensured a safety net of minimum entitlements and did not adversely affect the employees' ability to parent or care for dependants.

The primary legal issues were whether the agreement provided fair and reasonable terms for the nurses and whether it complied with the provisions of the Fair Work Act. The Commission needed to assess if the agreement was genuinely bargained, if it provided for a fair safety net of minimum entitlements, and if it did not have an adverse effect on the employees' capacity to parent or care for dependants. The fairness of the agreement was evaluated based on the principles of procedural fairness and the requirement that the agreement should be reasonable in all its terms.

The Commission found that the agreement met the necessary criteria for approval. The safety net of minimum entitlements was considered fair, and the agreement did not unjustifiably restrict the employees' capacity to parent or care for dependants. The procedural fairness of the bargaining process was upheld, and the Commission was satisfied that the agreement provided for reasonable terms for both the employer and the employees. The Commission approved the Nurses Enterprise Agreement 2018, finding that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Lockington & District Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018, determining that it met all the legal criteria for approval. The agreement was found to provide fair and reasonable terms for the employees and complied with the statutory requirements under the Fair Work Act. The decision confirmed the validity of the agreement, allowing it to be implemented between the employer and the employees.

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