DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Medea Park Association Incorporated T/A Medea Park
(AG2017/4882)

MEDEA PARK ASSOCIATION INCORPORATED NURSES AGREEMENT 2016

Tasmania
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MAY 2018

Application for approval of the Medea Park Association Incorporated Nurses Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Medea Park Association Incorporated Nurses 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 Medea Park Association Incorporated T/A Medea Park. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Service Union and The Australian nursing and Midwifery Federation being the bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Medea Park Association Incorporated, trading as Medea Park, sought approval for the Medea Park Association Incorporated Nurses Agreement 2016 from the Fair Work Commission. The dispute involved the association's desire to finalise the agreement, which outlined the terms and conditions for nurses employed by the association. The association argued that the agreement was necessary for the smooth operation of its services, while opponents contended that the proposed terms were not in the best interest of the nurses.

The legal issues before the commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement was in the best interest of the employees and whether it provided for fair and reasonable terms and conditions. Additionally, the commission had to consider whether the agreement complied with the relevant minimum standards and if any party had unduly influenced the negotiation process.

In reaching its decision, the commission examined the terms of the proposed agreement, taking into account the specific needs and conditions of the nursing workforce at Medea Park. The commission noted that the agreement provided for reasonable working conditions and remuneration, while also accommodating the operational requirements of the association. The commission concluded that the agreement met the criteria for approval under the Fair Work Act, finding that it was in the best interest of the nurses and did not unduly disadvantage any party. The commission approved the Medea Park Association Incorporated Nurses Agreement 2016, allowing it to come into effect as a registered agreement.

The Fair Work Commission approved the Medea Park Association Incorporated Nurses Agreement 2016, recognising its compliance with the statutory requirements and its alignment with the best interests of the employees. The decision underscored the commission's role in ensuring that registered agreements balance the needs of employers and employees while adhering to the principles of fairness and reasonableness.

Medea Park Association Incorporated T/A Medea Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established