Nagambie Health Care Inc. Summary

[2014] FWCA 4723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nagambie Health Care Inc.
(AG2014/6552)

NAGAMBIE HEALTH CARE INC. NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2014

Application for approval of the Nagambie Health Care Inc. Nurses Enterprise Agreement 2014.

[1] On 24 June 2014 Nagambie Health Care Inc. (Applicant) made an application for approval of the Nagambie Health Care Inc. Nurses Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Health Services Union and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 July 2014. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nagambie Health Care Inc. sought approval of the Nurses Enterprise Agreement 2014 under section 232 of the Fair Work Act 2009. The Fair Work Commission heard the application and was required to determine if the agreement met the requirements of the Act. The primary issue was whether the agreement provided for the fair and efficient negotiation of terms and conditions of employment.

The Commission found that the agreement contained provisions that ensured fair and efficient negotiation processes, including timelines for the negotiation of various issues. It also found that the agreement provided for the protection of employees' rights and interests, including provisions for dispute resolution and the protection of vulnerable employees. The Commission concluded that the agreement met the requirements of the Act and approved the Nurses Enterprise Agreement 2014.

The Commission also considered submissions from various parties, including the employer and the union representing the nurses. The employer argued that the agreement was not fair and efficient, while the union argued that it provided for fair and efficient negotiation processes. The Commission found that the agreement was fair and efficient, despite the employer's objections.

The Fair Work Commission approved the Nurses Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act 2009. The agreement was approved with effect from 1 April 2014 and will apply to nurses employed by Nagambie Health Care Inc. The approval of the agreement ensures that the terms and conditions of employment for nurses are fair and efficient, and that their rights and interests are protected.

Nagambie Health Care Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established