DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mayo Home Nursing Service
(AG2016/4424)

MAYO HOME NURSING SERVICE AND HUNTER NURSING NURSES AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 4 OCTOBER 2016

Application for approval of the Mayo Home Nursing Service and Hunter Nursing Nurses and Support Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mayo Home Nursing Service and Hunter Nursing Nurses and Support Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mayo Home Nursing Service. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[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.

[6] The Health Services Union of Australia, Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant Mayo Home Nursing Service applied to the Fair Work Commission for approval of the Mayo Home Nursing Service and Hunter Nursing Nurses and Support Services Enterprise Agreement 2016. Mayo is an employer of registered and enrolled nurses, care staff, and allied health professionals who provide services to patients in their homes in the Newcastle region of New South Wales. The respondent, Hunter Nursing Nurses and Support Services, is a union representing some of Mayo's employees. The legal issues before the Commission were whether the agreement was in the public interest and whether it met the requirements of the Fair Work Act 2009. The Commission found that the agreement was in the public interest as it would provide certainty and stability for employees and employers and promote harmonious, productive, and cooperative workplace relations. The Commission also found that the agreement met the requirements of the Act, including that it did not have an adverse effect on the safety of patients and did not discriminate against any class of employees. The Commission approved the agreement, subject to certain conditions, including that the agreement be reviewed annually and that certain provisions be brought into line with relevant industrial instruments. The Commission also made an order that the agreement be registered with the Registrar of the Fair Work Commission.

Mayo Home Nursing Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established