Onecare Limited

[2014] FWCA 532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onecare Limited
(AG2013/11859)

ONECARE LTD NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2014

Application for approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the OneCare Ltd Nursing Employees Enterprise Agreement 2013 (the Agreement). The application was made by OneCare Limited (the Applicant) pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 29 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneCare Limited brought an application for the approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2013. The application was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The court was required to determine if the agreement was in the public interest, if it provided for a fair and reasonable method of determining wages and other conditions, and if it complied with the procedural requirements of the Fair Work Act. The court also needed to consider if the agreement was consistent with the principles of the National Employment Standards.

The Fair Work Commission found that the agreement was consistent with the public interest and provided for a fair and reasonable method of determining wages and other conditions. The agreement also complied with the procedural requirements of the Fair Work Act and was consistent with the principles of the National Employment Standards. The court approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The court made orders approving the agreement, with modifications, and directing that the agreement be registered with the Fair Work Commission. The agreement was to commence on the date of the order and remain in force for a period of five years, subject to termination in accordance with the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established