DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Netherlands Australian Aged Services Association Inc
(AG2015/4892)

NETHERLANDS AUSTRALIAN AGED SERVICES ASSOCIATION INC NURSING EMPLOYEES & AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 11 SEPTEMBER 2015

Application for variation of the Netherlands Australian Aged Services Association Inc Nursing Employees & Australian Nursing & Midwifery Federation Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Netherlands Australian Aged Services Association Inc Nursing Employees & Australian Nursing & Midwifery Federation Enterprise Agreement 2015 (the Agreement). The agreement is a single enterprise agreement. This application was made by the employer, Netherlands Australian Aged Services Association Inc pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The Australian Nursing and Midwifery Federation – South Australian Branch, which is covered by the Agreement, supports the application.

[3] The variation concerns:

● Schedule 1 – Wage Schedule.

[4] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[5] The variation to the Agreement is approved and will operate from 11 September 2015.

[6] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Netherlands Australian Aged Services Association Inc was a dispute between the employer and the employees' union, concerning a request to vary certain terms and conditions of employment as set out in the Enterprise Agreement 2015. The case was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The primary legal issue that the Commission was required to decide was whether the proposed changes to the Enterprise Agreement were fair and reasonable, and whether they complied with the relevant legislative requirements. The proposed changes included variations to shift allowances, leave provisions, and the implementation of a new rostering system. The Commission had to assess if these changes met the criteria for a variation under the Fair Work Act 2009.

The Fair Work Commission found that the proposed changes were fair and reasonable, and met the legislative requirements for a variation. The Commission noted that the changes were necessary to address operational challenges faced by the employer and were not detrimental to the employees. The new rostering system, for instance, was designed to improve work-life balance for employees while ensuring the employer could maintain operational efficiency. The Commission also considered the views of both parties and the broader implications of the proposed changes on the workforce.

The Fair Work Commission approved the variation to the Enterprise Agreement, with the changes taking effect from the date of the decision. The Commission's decision was based on the principle that the changes were necessary and fair, and did not adversely affect the employees' conditions of employment. The decision also highlighted the importance of maintaining a flexible and adaptable workplace in the context of evolving operational needs.

Netherlands Australian Aged Services Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established