DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Presbyterian Care Tasmania
(AG2016/6741)

PRESBYTERIAN CARE TASMANIA INCORPORATED NURSES ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Presbyterian Care Tasmania Incorporated Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Care Tasmania Incorporated Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Presbyterian Care Tasmania. 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] The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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 these organisations.

[5] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 21 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Presbyterian Care Tasmania, sought approval for a new enterprise agreement concerning their nurses. The dispute reached the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval. The legal issues before the Commission involved assessing whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly focusing on whether it facilitated the improvement of workplace relations and provided for the efficient and productive operation of the business.

The Commission examined the agreement’s provisions and its implications for the employees, the applicants, and the broader industry. It considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, whether it facilitated flexible work arrangements, and whether it included provisions that would improve productivity and efficiency within the organisation. The Commission also weighed the views of the employees and whether their rights and interests were adequately protected. After thorough analysis, the Commission found that the agreement met the necessary statutory criteria and did not undermine the public interest.

Accordingly, the Commission approved the Presbyterian Care Tasmania Incorporated Nurses Enterprise Agreement 2016. This decision was grounded on the findings that the agreement provided for effective dispute resolution mechanisms, included flexible work arrangements, and facilitated the efficient operation of the business. The Commission concluded that the agreement was in the best interest of the employees and the organisation, thereby upholding the principles of the Fair Work Act 2009.

Presbyterian Care Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established