DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nurses on Wheels Inc.
(AG2017/2423)

NURSES ON WHEELS INC AND THE NSWNMA / ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017-2019

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JULY 2017

Application for approval of the Nurses On Wheels Inc and the NSWNMA / ANMF NSW Branch Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nurses on Wheels Inc and the NSWNMA / ANMF NSW Branch Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nurses on Wheels Inc. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 July 2017 and, in accordance with s.54, will operate from 7 August 2017. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nurses on Wheels Inc. applied for the Fair Work Commission's approval of the Enterprise Agreement between the company and the NSWNMA / ANMF NSW Branch. The agreement was for the period 2017 to 2019. The application was brought before the Fair Work Commission. The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement was made in good faith, free from coercion and contained terms that were fair and reasonable. Additionally, the court had to consider if the agreement provided for proper mechanisms for dispute resolution.

The Fair Work Commission evaluated the agreement based on statutory provisions and previous case law. It examined the process by which the agreement was negotiated and the terms it contained. The Commission found that the agreement was made in good faith and free from any improper influences or coercion. The terms of the agreement were deemed to be fair and reasonable, taking into account the economic and operational context of Nurses on Wheels Inc. The Commission also confirmed that the agreement included adequate provisions for dispute resolution, ensuring that both parties could address any issues that arose in a timely and effective manner.

Consequently, the Fair Work Commission approved the enterprise agreement. The decision was based on the evidence that the agreement satisfied all statutory requirements for approval. The court emphasised the importance of maintaining fair and effective industrial relations in the workplace, ensuring that the rights and obligations of both employers and employees were balanced. The approval of the agreement was seen as a positive step towards maintaining harmonious industrial relations between Nurses on Wheels Inc. and the NSWNMA / ANMF NSW Branch.

Nurses on Wheels Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established