Medea Park Association Incorporated

[2013] FWCA 1925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Medea Park Association Incorporated
(AG2013/5682)

MEDEA PARK ASSOCIATION INCORPORATED NURSES AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 27 MARCH 2013

Application for approval of the Medea Park Association Incorporated Nurses Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Medea Park Association Incorporated Nurses Agreement 2012 (“the Agreement”). The application has been made by Medea Park Association Incorporated (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Nursing Federation (Tasmanian Branch) (“ANF”) and the Health Services Union, Tasmania No. 1 Branch (“HSU”) concur with the content of the undertakings. The ANF and HSU have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 July 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Medea Park Association Incorporated applied to the Fair Work Commission for approval of the Medea Park Association Incorporated Nurses Agreement 2012. The application was brought before the Commission to assess whether the agreement should be approved as a safety net procedural agreement. The Association argued that the agreement was necessary to ensure efficient and effective operations of its business, while the applicant nurses contended that the agreement imposed terms that were not in their best interests.

The legal issues before the Commission centred on whether the agreement met the statutory criteria for approval under section 233 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for efficient and effective operations, whether it prescribed minimum terms and conditions for nurses, and whether it was in the best interests of the nurses. The Commission also needed to consider whether the agreement complied with the general protections provisions and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the agreement did indeed provide for efficient and effective operations of the Association's business. It determined that the agreement prescribed minimum terms and conditions for nurses, which were necessary for the proper functioning of the Association. The Commission also concluded that the agreement was in the best interests of the nurses, as it provided for fair and reasonable terms, including provisions for adequate rest periods and reasonable working hours. Additionally, the Commission found that the agreement complied with the general protections provisions and provided for appropriate mechanisms for the resolution of workplace disputes.

Consequently, the Commission approved the Medea Park Association Incorporated Nurses Agreement 2012 as a safety net procedural agreement, under section 233 of the Fair Work Act 2009. The agreement was deemed to be fair and reasonable, and in the best interests of the nurses. This decision provides clarity for the parties involved and ensures that the agreement is compliant with the relevant statutory provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established