DECISION

Fair Work Act 2009
s.185—Enterprise agreement

May Shaw Health Centre Inc T/A May Shaw Health Centre
(AG2020/652)

MAY SHAW HEALTH CENTRE INC. NON NURSING STAFF AGREEMENT - SCOTTSDALE 2019

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2020

Application for approval of the May Shaw Health Centre Inc. Non Nursing Staff Agreement - Scottsdale 2019.

[1] An application has been made for approval of an enterprise agreement known as the May Shaw Health Centre Inc. Non Nursing Staff Agreement - Scottsdale 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by May Shaw Health Centre Inc T/A May Shaw Health Centre (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer did not notify relevant employees by the start of the access period for the Agreement of the time and place at which the vote would occur, and the voting method that would be used, as required by s.180(3) of the Act.

[3] Having regard to the Employer’s submissions, I am satisfied that the error constitutes a minor procedural or technical error for the purposes of s.188(2)(a), and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer 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.

[5] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[6] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by May Shaw Health Centre Inc to have the May Shaw Health Centre Inc. Non Nursing Staff Agreement - Scottsdale 2019 approved by the Fair Work Commission. The dispute centred around the terms and conditions of employment for non-nursing staff at the health centre, and whether the proposed agreement was in compliance with relevant industrial laws. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes and the enforcement of employment laws.

The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed agreement were fair and reasonable for the non-nursing staff members of the May Shaw Health Centre. The Commission needed to consider whether the agreement complied with the Fair Work Act 2009 and other relevant legislation. Specifically, the Commission had to assess the provisions regarding wages, hours of work, leave entitlements, and other employment conditions, ensuring they were not worse off than the applicable award or registered agreement.

In delivering its decision, the Commission found that the majority of the terms and conditions in the proposed agreement were fair and reasonable. The Commission took into account the nature of the work performed by the non-nursing staff, the specific circumstances of the May Shaw Health Centre, and the broader context of the healthcare industry. The Commission noted that the proposed agreement provided for fair and reasonable terms, taking into consideration the unique characteristics of the health centre and its operations. Consequently, the Fair Work Commission approved the May Shaw Health Centre Inc. Non Nursing Staff Agreement - Scottsdale 2019, effective from the date of the decision.

May Shaw Health Centre Inc T/A May Shaw Health Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established