Presbyterian Care Tasmania Incorporated

[2013] FWCA 9600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Care Tasmania Incorporated
(AG2013/9395)

PRESBYTERIAN CARE GENERAL STAFF AND UNIONS COLLECTIVE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Presbyterian Care General Staff and Unions Collective Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Presbyterian Care General Staff and Unions Collective Agreement 2013 (the Agreement). The application was made by Presbyterian Care Tasmania Incorporated (the Applicant) pursuant to s.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, 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) 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 12 December 2013. The nominal expiry date of the Agreement is 1 July 2014.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Presbyterian Care Tasmania Incorporated applied to the Fair Work Commission for approval of a collective agreement. The application was contested by the Health Services Union of Australia and the Australian Nursing and Midwifery Federation. The dispute before the Commission was whether the collective agreement was in the public interest. The Commission is required to consider whether the agreement promotes harmonious, productive and equitable workplace relations and whether it is in the public interest to approve the agreement.

The Commission found that the agreement promoted harmonious, productive and equitable workplace relations and was in the public interest. The agreement contained provisions which supported the development of a positive and collaborative workplace culture. The agreement also contained provisions which supported the delivery of high quality care to residents. The Commission was satisfied that the agreement was not likely to have a detrimental effect on the public interest.

The Commission approved the agreement, subject to certain modifications. The modifications were required to address concerns raised by the Health Services Union of Australia and the Australian Nursing and Midwifery Federation. The modifications related to provisions concerning shift allowances, travel time, and rest breaks. The agreement, as modified, was approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established