DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mornington Peninsula Shire Council
(AG2017/1360)

MORNINGTON PENINSULA SHIRE COUNCIL NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2017

Application for approval of the Mornington Peninsula Shire Council Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mornington Peninsula Shire Council Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mornington Peninsula Shire Council. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 May 2017 and, in accordance with s.54, will operate from 31 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mornington Peninsula Shire Council, sought approval for the Nurses Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission. The central issue before the court was whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to consider the fairness and reasonableness of the agreement, including its alignment with the award or other industrial instrument, its effect on the employees, and whether it met the necessary criteria for approval.

The Commission examined the submissions from both parties, focusing on the specifics of the agreement's terms and the context in which they were proposed. It considered whether the agreement adequately provided for the employees' rights, entitlements, and obligations. The Commission also evaluated whether the agreement was free from any illegal or discriminatory content and whether it was likely to promote harmonious, productive, and cooperative workplace relations. The court assessed the evidence provided by both parties, including expert testimonies and the overall economic context, to determine if the agreement was fair and reasonable.

After thorough deliberation, the Commission determined that the agreement was fair and reasonable. It found that the agreement was consistent with the relevant industrial provisions, did not discriminate against any group of employees, and was likely to foster positive workplace relations. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act and Regulations. Therefore, the application for the approval of the Mornington Peninsula Shire Council Nurses Enterprise Agreement 2017 was approved.

The final orders included the approval of the agreement, mandating that it be implemented in accordance with the Fair Work Act and Regulations. The agreement was to be binding on the parties from the date of approval, and the Commission directed the applicant to take all necessary steps to ensure compliance with the approved terms.

Mornington Peninsula Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established