DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Proserpine Nursing Home Inc.
(AG2017/4217)

PROSERPINE NURSING HOME NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 25 JANUARY 2018

Application for approval of the Proserpine Nursing Home Nurses Enterprise Agreement 2017.

[1] On 15 September 2017 Proserpine Nursing Home Inc. (Applicant) made an application for approval of the Proserpine Nursing Home Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation and the Queensland Nurses and Midwives Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Proserpine Nursing Home Inc. applied for approval of the Proserpine Nursing Home Nurses Enterprise Agreement 2017, with the Fair Work Commission hearing the matter. The application was brought under the Fair Work Act 2009, which allows for the approval of enterprise agreements that meet certain criteria. The dispute centred around whether the agreement met the legal requirements for approval, specifically whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The court was required to determine whether the agreement was a "simple justice" agreement, meaning it met the eligibility criteria under the Fair Work Act. This involved assessing whether the agreement was made in good faith, did not involve any unlawful terms, and provided for a proper process for resolving disputes. Additionally, the court needed to confirm that the agreement had been properly certified and that all necessary bargaining processes had been followed.

The Fair Work Commission found that the Proserpine Nursing Home Nurses Enterprise Agreement 2017 met all the necessary criteria for approval. The agreement was deemed to be a simple justice agreement, having been made in good faith and without any unlawful terms. The Commission was satisfied that the agreement provided for an appropriate process for resolving disputes and that all required bargaining processes had been observed. Furthermore, the agreement had been properly certified, meeting the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Proserpine Nursing Home Nurses Enterprise Agreement 2017, confirming its compliance with the relevant legislation. This decision ensures that the agreement will now form the basis of employment conditions for the nurses at Proserpine Nursing Home, providing a legally binding framework for their terms and conditions of employment.

Proserpine Nursing Home Inc.

DECISION

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Legal Principle Established