DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Patient Transport Ltd T/A National Patient Transport
(AG2020/98)

NATIONAL PATIENT TRANSPORT PTY LTD VICTORIAN NURSE EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2020

Application for approval of the National Patient Transport Pty Ltd Victorian Nurse Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the National Patient Transport Pty Ltd Victorian Nurse Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Patient Transport Ltd T/A National Patient Transport. 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. The undertakings are taken to be a term of 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 27 March 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Patient Transport Ltd, trading as National Patient Transport, sought approval of their 2020 Enterprise Agreement with Victorian nurses from the Fair Work Commission. The primary dispute centred on the terms and conditions of employment for nurses under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and if it met the necessary criteria for approval.

The legal issues before the Commission involved assessing the fairness of the terms and conditions outlined in the Enterprise Agreement. This included examining the procedural fairness of the agreement-making process, the balance of rights and obligations, and the overall benefits and detriments to the employees. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions of employment and if it complied with relevant legislative requirements.

The Commission found that the agreement was procedurally fair and met the necessary criteria for approval. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, with appropriate protections and benefits for the nurses. The Commission also found that the agreement was in the best interests of the employees and would not have an adverse effect on the employees or the broader community. Consequently, the Fair Work Commission approved the National Patient Transport Pty Ltd Victorian Nurse Employees Enterprise Agreement 2020.

The final orders included the approval of the Enterprise Agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for nurses employed by National Patient Transport in Victoria.

National Patient Transport Ltd T/A National Patient Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established