DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masonic Care Tasmania Incorporated
(AG2017/4907)

MASONIC CARE TASMANIA (SOUTH) NURSES AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Masonic Care Tasmania (South) 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

The applicant, Masonic Care Tasmania Incorporated, applied to the Fair Work Commission for approval of the Masonic Care Tasmania (South) Nurses Agreement 2017. The application was opposed by the Health Services Union of Australia. The dispute centered around whether the proposed agreement met the requirements under the Fair Work Act 2009 to be approved by the Commission. The legal issues that the Commission had to decide included whether the agreement provided for the proper negotiation process, whether the agreement provided fair and reasonable terms and conditions for the employees, and whether the agreement complied with the provisions of the Fair Work Act.

The Commission examined the evidence presented regarding the negotiation process and found that the process was fair and reasonable, and that the agreement was the product of proper negotiations. The Commission also found that the terms and conditions of the agreement were fair and reasonable, and that they provided for the employees' entitlements and protections in a manner consistent with the principles of the Fair Work Act. The Commission was satisfied that the agreement complied with all the relevant provisions of the Fair Work Act and that it met the requirements for approval. The Commission approved the agreement, and the applicant was granted the relief it sought.

The Fair Work Commission approved the Masonic Care Tasmania (South) Nurses Agreement 2017. The applicant was granted the relief it sought, and the agreement was registered under the Fair Work Act 2009. The Commission found that the agreement provided for the proper negotiation process and that it contained fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement complied with all the relevant provisions of the Fair Work Act and that it met the requirements for approval. The opposition by the Health Services Union of Australia was unsuccessful, and the agreement was registered as a registered agreement under the Fair Work Act.

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