Masonic Peace Memorial Haven of Northern Tasmania Inc

[2014] FWCA 2384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Masonic Peace Memorial Haven of Northern Tasmania Inc
(AG2014/3772)

THE MASONIC HOMES OF NORTHERN TASMANIA NURSES AGREEMENT 2011

Tasmania
COMMISSIONER LEE	MELBOURNE, 9 APRIL 2014

Application for approval of The Masonic Homes of Northern Tasmania Nurses Agreement 2011.

[1] An application has been made for approval of a single-enterprise agreement known as The Masonic Homes of Northern Tasmania Nurses Agreement 2011 (the Agreement). The application was made by Masonic Peace Memorial Haven of Northern Tasmania Inc pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 16 April 2014. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Masonic Peace Memorial Haven of Northern Tasmania Inc, an organisation that provides residential aged care services, and its employees, who are represented by the United Voice union. The dispute centred around the approval of the Masonic Homes of Northern Tasmania Nurses Agreement 2011, which detailed the terms and conditions of employment for nurses working at the Masonic Peace Memorial Haven. The case was heard in the Fair Work Commission.

The primary legal issue that the court had to address was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for a "single interest" employer, and if it provided for appropriate minimum rates of pay, classification of employees, and other employment conditions that were fair and reasonable.

The Fair Work Commission found that the proposed agreement complied with the requirements of the Fair Work Act. The commission noted that the agreement covered all nurses employed by the Masonic Peace Memorial Haven and that it provided for minimum rates of pay and classification of employees that were consistent with the award applicable to the industry. The commission also found that the agreement provided for other employment conditions that were fair and reasonable, including provisions for leave, penalty rates, and shift loading. Based on these findings, the commission approved the agreement.

In conclusion, the Fair Work Commission approved the Masonic Homes of Northern Tasmania Nurses Agreement 2011, finding that it complied with the relevant provisions of the Fair Work Act. The agreement provides for appropriate minimum rates of pay, classification of employees, and other employment conditions that are fair and reasonable. The approval of the agreement ensures that nurses employed by the Masonic Peace Memorial Haven have their employment terms and conditions protected by a legally binding agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established