DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masonic Peace Memorial Haven of Northern Tasmania Inc
(AG2015/2606)

MASONIC PEACE MEMORIAL HAVEN OF NORTHERN TASMANIA INC NURSES AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT KOVACIC	SYDNEY, 28 MAY 2015

Application for approval of the Masonic Peace Memorial Haven of Northern Tasmania Inc Nurses 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 Nurses 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Masonic Peace Memorial Haven of Northern Tasmania Inc. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 4 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicants, Masonic Peace Memorial Haven of Northern Tasmania Inc, sought approval of the Nurses Agreement 2014 from the Fair Work Commission. The Masonic Peace Memorial Haven of Northern Tasmania Inc is an aged care facility that employs nurses. The agreement in question governs the terms and conditions of employment for the nurses working at the facility. The dispute centred on whether the agreement complied with the relevant legislative requirements, including the Fair Work Act 2009. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the Nurses Agreement 2014 satisfied the requirements for approval under the Fair Work Act 2009. The Commission had to assess if the agreement contained all the prescribed minimum terms and conditions, including those related to wages, hours of work, and other employment conditions. Additionally, the Commission needed to ensure that the agreement did not contain any terms that would undermine the rights of the employees. The applicants argued that the agreement was fair and reasonable, while the respondents contended that certain terms were inadequate or unfair.

In considering the application, the Commission examined the terms of the Nurses Agreement 2014 in detail. The Commission noted that the agreement included all the prescribed minimum terms and conditions, and that it did not contain any terms that were unfair or unreasonable. The Commission found that the agreement was compliant with the Fair Work Act 2009 and approved the application. The Commission's decision was based on the understanding that the agreement provided for fair and reasonable terms for the nurses, and that it met all the necessary legal requirements for approval.

The Fair Work Commission approved the application for the Nurses Agreement 2014, finding that it met all the necessary legal standards for approval under the Fair Work Act 2009. The Commission's decision was based on its assessment that the agreement contained all the prescribed minimum terms and conditions, and that it did not include any terms that were unfair or unreasonable. The Commission's approval of the agreement ensures that the nurses working at the Masonic Peace Memorial Haven of Northern Tasmania Inc are covered by a fair and reasonable employment agreement.

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