DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masonic Peace Memorial Haven of Northern Tasmania Inc.
(AG2015/3654)

MASONIC PEACE MEMORIAL HAVEN OF NORTHERN TASMANIA INC. GENERAL STAFF ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	LAUNCESTON, 8 JULY 2015

Application for approval of the Masonic Peace Memorial Haven of Northern Tasmania Inc. General Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Masonic Peace Memorial Haven of Northern Tasmania Inc. General Staff 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 Masonic Peace Memorial Haven of Northern Tasmania Inc. 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 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 8 July 2015 and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Masonic Peace Memorial Haven of Northern Tasmania Inc. for approval of their General Staff Enterprise Agreement 2014. The application was contested by the Australian Council of Trade Unions, which raised several objections regarding the fairness and appropriateness of the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly focusing on whether it was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions. The objections raised by the union included concerns about the level of entitlements and protections provided to employees, as well as issues related to procedural fairness in the negotiation process.

In assessing the application, the Commission examined the terms of the agreement, the process by which it was negotiated, and the evidence presented by both parties. The Commission considered the nature of the workplace, the bargaining power of the parties, and the overall fairness of the agreement. After reviewing the submissions and evidence, the Commission determined that the agreement did not fully meet the requirements of the Act. The Commission found that certain provisions were not sufficiently fair and reasonable, and there were procedural issues that needed to be addressed.

The Fair Work Commission ultimately did not approve the proposed enterprise agreement, citing significant concerns regarding its fairness and compliance with the Act. The decision highlighted the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions and that the negotiation process is conducted appropriately. The Commission's decision underscores the need for careful consideration of both substantive and procedural aspects when approving such agreements.

Masonic Peace Memorial Haven of Northern Tasmania Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established