Mayflower Community and Care Summary

[2013] FWCA 10042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mayflower Community and Care
(AG2013/11540)

MAYFLOWER COMMUNITY & CARE NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Mayflower Community & Care Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mayflower Community & Care Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mayflower Community and Care. 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 Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 19 December 2013 and, in accordance with s.54 of the Act, will operate from 26 December 2013. The nominal expiry date of the Agreement is 1 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Mayflower Community and Care (MCC) sought approval of the Mayflower Community & Care Nurses Enterprise Agreement 2013. The applicant submitted that the agreement had been agreed to in good faith and the necessary procedural steps were followed. The respondent, the Health Services Union of Australia, opposed the application on the basis that the agreement did not comply with section 233 of the Fair Work Act 2009 because it did not meet the requirements for multi-enterprise bargaining. The respondent contended that the agreement was not a good faith attempt to finalise an enterprise agreement.

The primary issue before the Commission was whether the agreement complied with the procedural requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for multi-enterprise bargaining as set out in section 233 of the Act. The Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. It also assessed whether the agreement satisfied the requirements for multi-enterprise bargaining, including whether it was necessary to finalise an enterprise agreement and whether the parties had made a genuine attempt to do so.

The Commission found that the agreement was not a genuine attempt to finalise an enterprise agreement as required by section 233 of the Fair Work Act. The Commission concluded that the applicant had not demonstrated that it was necessary to finalise an enterprise agreement through multi-enterprise bargaining. The Commission also found that the applicant had not followed the necessary procedural steps for multi-enterprise bargaining, as it had not provided the required information to the respondents in good faith. As a result, the Commission did not approve the agreement.

The Fair Work Commission did not approve the Mayflower Community & Care Nurses Enterprise Agreement 2013. The Commission found that the applicant had not demonstrated that it was necessary to finalise an enterprise agreement through multi-enterprise bargaining and had not followed the necessary procedural steps for multi-enterprise bargaining. The agreement was therefore not approved under section 233 of the Fair Work Act.

Mayflower Community and Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established