DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneCare Limited T/A OneCare
(AG2017/5901)

ONECARE LTD NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 24 APRIL 2018

Application for approval of the Onecare Ltd Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the OneCare Ltd Nursing Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneCare Limited T/A OneCare. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

OneCare Limited, trading as OneCare, applied for approval of the OneCare Ltd Nursing Employees Enterprise Agreement 2017, which was submitted to the Fair Work Commission. The agreement was put forward for approval under section 234 of the Fair Work Act 2009, as it was not capable of being resolved through conciliation and arbitration. The application for approval was opposed by the Australian Nursing and Midwifery Federation, which raised several objections regarding the fairness and compliance of the proposed agreement with the Fair Work Act.

The primary legal issues the Fair Work Commission had to address were whether the proposed agreement was in the public interest, whether it was fair and reasonable, and whether it complied with all the relevant provisions of the Fair Work Act. Specifically, the Commission considered whether the agreement provided for adequate pay and conditions, including minimum rates of pay, overtime rates, penalty rates, and shift differentials. The Commission also examined whether the agreement adequately addressed the employees' working arrangements, leave entitlements, and other employment conditions.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable and was in the public interest. The Commission concluded that the agreement provided for adequate pay and conditions for the employees and complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay, overtime rates, penalty rates, and shift differentials that were consistent with industry standards and were not lower than the applicable award or registered agreement. The Commission also found that the agreement provided for adequate working arrangements, leave entitlements, and other employment conditions that were fair and reasonable. The Commission approved the OneCare Ltd Nursing Employees Enterprise Agreement 2017, and it is now a legally binding agreement between OneCare and its nursing employees.

OneCare Limited T/A OneCare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established