DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masonic Care Tasmania Incorporated
(AG2017/4905)

MASONIC CARE TASMANIA (NORTH) NURSES AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 JANUARY 2018

Application for approval of the Masonic Care Tasmania (North) Nurses Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Masonic Care Tasmania (North) Nurses Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Masonic Care Tasmania Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Masonic Care Tasmania Incorporated sought approval of the Masonic Care Tasmania (North) Nurses Agreement 2017, which aimed to govern the employment terms of nurses employed at Masonic Care Tasmania’s North location. The application was lodged with the Fair Work Commission (FWC), which had the jurisdiction to approve such agreements under the Fair Work Act 2009. The FWC was required to assess whether the agreement was a genuine enterprise agreement, as defined by the Act.

The key legal issues before the FWC were whether the agreement was genuinely negotiated between the employer and the employees, and whether it met the procedural requirements outlined in the Act. This involved examining the negotiation process, the coverage of the agreement, and whether the agreement contained the necessary minimum terms as stipulated by the Act. The FWC also needed to consider whether the agreement was in the best interests of the employees and the broader community.

The FWC found that the agreement had been genuinely negotiated and met all procedural requirements. The negotiation process was deemed robust, with adequate representation of the employees, and the agreement covered all relevant employees. The FWC confirmed that the agreement contained the mandated minimum terms and was in the best interests of the employees and the community. Therefore, the FWC approved the agreement under the Fair Work Act 2009.

The FWC’s final order was the approval of the Masonic Care Tasmania (North) Nurses Agreement 2017. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms of nurses at Masonic Care Tasmania’s North location from the date of approval. The decision underscored the importance of genuine negotiations and procedural compliance in the approval of enterprise agreements.

Masonic Care Tasmania Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established