DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Community Services Inc T/A MercyCare
(AG2016/3783)

MERCY COMMUNITY SERVICES INC. NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the Mercy Community Services Inc. Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Community Services Inc. Nurses 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 Mercy Community Services Inc T/A MercyCare. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mercy Community Services Inc, trading as MercyCare, applied for the approval of the Mercy Community Services Inc. Nurses Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC), which is responsible for approving such agreements. The primary dispute involved the terms and conditions of employment for nurses under the proposed agreement.

The key legal issues before the FFW were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval. Additionally, the FWC had to consider the impact of the agreement on the nurses’ working conditions and any potential implications for the broader healthcare sector.

The FWC found that the proposed agreement contained terms that were fair and reasonable, taking into account the specific circumstances of the parties involved. The agreement addressed key issues such as wages, hours of work, leave provisions, and other employment conditions. The FWC also considered the procedural fairness of the bargaining process and was satisfied that the agreement was reached through genuine and meaningful negotiations. Consequently, the FWC approved the Mercy Community Services Inc. Nurses Enterprise Agreement 2016. The decision highlights the importance of balancing the rights and interests of both employers and employees in the context of industrial relations.

Mercy Community Services Inc T/A MercyCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established