Palliative Care South East Ltd T/A Palliative Care South East Summary

[2024] FWCA 4126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Palliative Care South East Ltd T/A Palliative Care South East

(AG2024/4099)

PALLIATIVE CARE SOUTH EAST NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the Palliative Care South East Nurses Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Palliative Care South East Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Palliative Care South East Ltd T/A Palliative Care South East. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 3 December 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Palliative Care South East Ltd, trading as Palliative Care South East, an application was made to the Fair Work Commission to approve the Palliative Care South East Nurses Enterprise Agreement 2024. The applicant sought the Commission's approval of the proposed enterprise agreement, which aimed to set out the terms and conditions of employment for registered nurses employed by the respondent. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained the minimum terms and conditions prescribed by the Act, whether it was free from prohibited content, and if it was made in good faith. Additionally, the Commission considered whether the agreement provided for a proper balance between the rights and obligations of the parties involved.

The Commission found that the proposed agreement complied with the statutory requirements for approval. It contained all the prescribed minimum terms and conditions and was free from prohibited content. The Commission also determined that the agreement was made in good faith and provided for a proper balance of rights and obligations between the parties. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the need to provide for a fair and effective means of resolving disputes.

Accordingly, the Commission approved the Palliative Care South East Nurses Enterprise Agreement 2024. The approved agreement will now serve as the terms and conditions of employment for the registered nurses employed by Palliative Care South East, subject to the provisions of the Fair Work Act.

Palliative Care South East Ltd T/A Palliative Care South East

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established