DECISION

Fair Work Act 2009
s.185—Enterprise agreement

May Shaw Health Centre Inc
(AG2014/10517)

MAY SHAW HEALTH CENTRE INC. NON NURSING STAFF AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 MARCH 2015

Application for approval of the May Shaw Health Centre Inc. Non Nursing Staff Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the May Shaw Health Centre Inc. Non Nursing Staff 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 Health Services Union 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 these organisations.

[4] The Agreement was approved on 16 March 2015 and, in accordance with s.54, will operate from 23 March 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The May Shaw Health Centre Inc. sought approval of their Non Nursing Staff Agreement 2014. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval as a safety net agreement. The applicants argued that the agreement was necessary to address specific workplace issues and ensure fair treatment of non-nursing staff.

The key legal issues before the FWC were whether the agreement provided for a safety net of minimum terms and conditions, whether it allowed for genuine collective bargaining, and whether it aligned with the objects of the Fair Work Act. The FWC considered the provisions of the agreement, the nature of the workplace, and the arguments presented by both parties. The Commission needed to determine if the agreement provided a fair and reasonable framework for non-nursing staff.

In its decision, the FWC concluded that the agreement was consistent with the safety net provisions of the Fair Work Act. The Commission found that the agreement provided a comprehensive set of minimum terms and conditions, facilitated genuine collective bargaining, and aligned with the legislative objectives. The FWC noted that the agreement addressed specific workplace issues and provided a fair framework for the non-nursing staff. Consequently, the FWC approved the May Shaw Health Centre Inc. Non Nursing Staff Agreement 2014.

The FWC issued orders approving the May Shaw Health Centre Inc. Non Nursing Staff Agreement 2014. The agreement was deemed to be a safety net agreement and was approved under section 233 of the Fair Work Act. This decision ensures that the non-nursing staff at the May Shaw Health Centre are covered by a fair and reasonable agreement, providing them with a safety net of minimum terms and conditions.

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