DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lyrebird Villages for the Aged
(AG2015/3727)

LYREBIRD VILLAGES FOR THE AGED NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 9 JULY 2015

Application for approval of the Lyrebird Villages for the Aged Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lyrebird Villages for the Aged Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lyrebird Villages for the Aged. 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 and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 9 July 2015 and, in accordance with s.54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 31 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lyrebird Villages for the Aged, sought approval for the Lyrebird Villages for the Aged Nurses Enterprise Agreement 2014. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the Act, particularly whether it provided for the fair and reasonable terms and conditions of employment for the nurses involved.

The Commission examined the agreement to ensure it did not unjustifiably harm the employees by lowering their conditions. It considered various factors, including the bargaining power of the parties, the nature of the industry, and the overall fairness of the terms proposed. The applicant argued that the agreement was fair and reasonable, and it provided for improvements in the working conditions of the nurses. The Commission found that the agreement was reasonable in terms of its provisions and did not unfairly disadvantage the nurses.

The Commission approved the Lyrebird Villages for the Aged Nurses Enterprise Agreement 2014, recognising that it provided for fair and reasonable terms and conditions of employment for the nurses. The applicant was successful in its application for the agreement's approval. The Commission's decision was based on the overall fairness of the agreement and its compliance with the requirements of the Fair Work Act 2009. The agreement was approved, and the nurses' employment conditions were set out in the approved enterprise agreement.

Lyrebird Villages for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established