Mercy Palliative Care Ltd T/A Mercy Palliative Care

[2023] FWCA 832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mercy Palliative Care Ltd T/A Mercy Palliative Care

(AG2023/504)

NURSES (MERCY PALLIATIVE CARE LTD) ENTERPRISE AGREEMENT 2021-2024

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 17 MARCH 2023

Application for approval of the Nurses (Mercy Palliative Care Ltd) EnterpriseAgreement 2021-2024

Mercy Palliative Care Ltd (Employer) has made an application for approval of an enterprise agreement known as the Nurses (Mercy Palliative Care Ltd) Enterprise Agreement 2021-2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ANMF.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 March 2023. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercy Palliative Care Ltd, trading as Mercy Palliative Care, filed an application for the approval of the Nurses (Mercy Palliative Care Ltd) Enterprise Agreement 2021-2024. The application was heard in the Fair Work Commission, the relevant body for employment-related matters in Australia. The primary dispute centered on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, particularly concerning its compliance with the provisions governing enterprise agreements.

The central legal issues addressed by the court were whether the agreement contained all the necessary terms, was free from prohibited content, and whether it had been fairly negotiated. The court had to scrutinise the agreement to ensure it adhered to the statutory requirements and did not include any provisions that were contrary to public policy or unfair to the employees. Additionally, the court examined the process of negotiation to confirm it was conducted in good faith and without coercion.

In its decision, the court found that the agreement was comprehensive and included all necessary terms as required by the Fair Work Act. It was determined that the agreement was free from any prohibited content and that the negotiation process had been conducted fairly and in good faith. The court emphasised the importance of ensuring that such agreements promote harmonious workplace relations and protect the rights of both employers and employees. The court concluded that the agreement met all the statutory requirements and approved the Nurses (Mercy Palliative Care Ltd) Enterprise Agreement 2021-2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established