Mary’s Grange Incorporated T/A Mary’s Grange

[2014] FWCA 4400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mary’s Grange Incorporated T/A Mary’s Grange
(AG2014/5825)

MARY’S GRANGE INC. NURSES AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 JULY 2014

Application for approval of the Mary’s Grange Inc. Nurses Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Mary’s Grange Inc. Nurses Agreement 2013 (the Agreement). The application was made by Mary’s Grange Incorporated T/A Mary’s Grange pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 33 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The consultation provision at clause 31 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] 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.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, 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 these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 8 July 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mary’s Grange Incorporated, trading as Mary’s Grange, brought an application before the Fair Work Commission seeking approval of the Mary’s Grange Inc. Nurses Agreement 2013. The application was necessary to ensure that the agreement would comply with the requirements of the Fair Work Act 2009 and provide appropriate terms and conditions for the nurses employed by Mary’s Grange.

The primary legal issue before the Commission was whether the proposed agreement adequately met the criteria set out in the Fair Work Act for an enterprise agreement. This involved examining whether the agreement had been made in good faith, covered the correct employees and employers, and included the necessary minimum terms and conditions as stipulated by the Act.

The Commission reviewed the agreement and found that it was made in good faith and covered the intended employees and employers. Furthermore, the agreement included all the minimum terms and conditions as required by the Act. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. Consequently, the Commission approved the Mary’s Grange Inc. Nurses Agreement 2013.

The Commission's decision provided certainty and clarity to the parties involved, ensuring that the agreement would govern the employment terms and conditions of the nurses in accordance with the law. The approval of the agreement would facilitate the smooth operation of Mary’s Grange and the provision of quality healthcare services to the community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established