Melbourne City Mission Inc Summary

[2021] FWCA 5990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2021/7321)

MELBOURNE CITY MISSION PALLIATIVE CARE NURSES AGREEMENT 2021-2024

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 4 OCTOBER 2021

Application for approval of the Melbourne City Mission Palliative Care Nurses Agreement 2021-2024.

[1] Melbourne City Mission Inc has applied for approval of a single enterprise agreement known as the Melbourne City Mission Palliative Care Nurses Agreement 2021-2024 (the Agreement).

[2] A written undertaking has been given in accordance with section 190 of the Act and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 11 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

[5] The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement covers the Australian Nursing and Midwifery Federation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne City Mission Inc. sought approval for the Melbourne City Mission Palliative Care Nurses Agreement 2021-2024. The application was made to the Fair Work Commission. The dispute involved the terms and conditions of employment for palliative care nurses within Melbourne City Mission Inc. The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission considered the submissions from both the applicant and the representatives of the nurses. It examined the proposed terms of the agreement, including the wages, hours of work, leave entitlements, and other conditions. The Commission also took into account the need for the agreement to be fair and reasonable, having regard to the principles of enterprise bargaining under the Fair Work Act. After reviewing the evidence and arguments, the Commission found that the proposed agreement was compliant with the statutory requirements and was in the best interests of the employees. It approved the agreement, which will now apply to the palliative care nurses for the specified period.

Melbourne City Mission Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established