DECISION

Fair Work Act 2009
s.185—Enterprise agreement

May Shaw Health Centre Inc
(AG2015/368)

MAY SHAW HEALTH CENTRE INC. (NURSES AGREEMENT) 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2015

Application for approval of the May Shaw Health Centre Inc. (Nurses Agreement) 2014.

[1] An application has been made for approval of an enterprise agreement known as the May Shaw Health Centre 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 May Shaw Health Centre Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Foundation, Tasmanian Branch, and the Health Services Union of Australia, Tasmania Branch, 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.

[4] The Agreement was approved on 30 March 2015 and, in accordance with s.54, will operate from 6 April 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were May Shaw Health Centre Inc. and its employees, who sought approval of the May Shaw Health Centre Inc. (Nurses Agreement) 2014. The dispute centred around the terms and conditions of employment for the nurses working at the health centre. The Fair Work Commission (FWC) was the court responsible for hearing and deciding on the matter.

The legal issues that the FWC was required to decide included whether the proposed agreement provided fair and reasonable terms and conditions for the nurses, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. The court also needed to determine if the agreement provided for the protection of the nurses' interests and if it was in the best interest of the health centre and its employees.

In reaching its decision, the FWC considered various factors, including the terms and conditions of employment, the bargaining power of the parties, and the overall fairness and reasonableness of the agreement. The FWC determined that the proposed agreement provided fair and reasonable terms and conditions for the nurses, and that it complied with the relevant legislative provisions. The court also found that the agreement was in the best interest of the health centre and its employees, and that it provided for the protection of the nurses' interests.

As a result, the FWC approved the May Shaw Health Centre Inc. (Nurses Agreement) 2014, and it came into effect on 1 April 2014. The approved agreement governs the employment terms and conditions of the nurses working at the May Shaw Health Centre Inc., and it ensures that the nurses' interests are protected while also serving the best interests of the health centre and its employees.

May Shaw Health Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established