DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2018/4668)

MELBOURNE CITY MISSION PALLIATIVE CARE NURSES AGREEMENT 2018 - 2021

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Melbourne City Mission Palliative Care Nurses Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne City Mission Palliative Care Nurses Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Mission Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I note that Clause 20.1 is inconsistent with the National Employment Standards as it states that casuals are not entitled to long service leave. Given the National Employment Standards precedence clause at Clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne City Mission Inc applied to the Fair Work Commission for approval of the Melbourne City Mission Palliative Care Nurses Agreement 2018 - 2021. The application was made by the Melbourne City Mission Inc, and the respondents were the Australian Nursing and Midwifery Federation, Victoria Branch, and the Registered Nurses' Industrial Association of Victoria. The dispute centred around whether the proposed agreement adequately reflected the terms and conditions of employment for palliative care nurses employed by Melbourne City Mission Inc, and whether it complied with relevant industrial laws. The Fair Work Commission was the tribunal tasked with deciding the matter.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the "better off overall test" and ensuring that the agreement was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it addressed the specific needs and circumstances of the palliative care nurses.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements and was in the best interests of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it adequately reflected the specific needs and circumstances of the palliative care nurses. The Commission also determined that the agreement passed the "better off overall test," meaning that the employees would be no worse off and would be better off in some respects under the new agreement. Consequently, the Commission approved the agreement.

In approving the agreement, the Commission made an order under section 234 of the Fair Work Act 2009 that the Melbourne City Mission Palliative Care Nurses Agreement 2018 - 2021 be approved as a registered agreement. This decision ensures that the terms and conditions of employment for the palliative care nurses employed by Melbourne City Mission Inc are governed by the approved agreement, providing certainty and stability for both the employees and the employer.

Melbourne City Mission Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established