DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queen Victoria Home Inc.
(AG2018/5553)

QUEEN VICTORIA HOME NURSING ENTERPRISE AGREEMENT 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the Queen Victoria Home Nursing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Home Nursing 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 Queen Victoria Home Inc. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Queen Victoria Home Inc., an organisation responsible for the provision of nursing services, and its application to the Fair Work Commission for approval of the Queen Victoria Home Nursing Enterprise Agreement 2017. The dispute centred around the specific terms and conditions of employment as outlined in the agreement and whether they complied with relevant legislative requirements. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The key legal issues addressed by the Commission were whether the proposed agreement complied with the Fair Work Act 2009, specifically concerning the provisions for casual employees. The Commission had to determine if the agreement met the legislative requirements for casual loading, shift penalties, and redundancy provisions. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees.

The Commission examined the proposed agreement clause by clause, ensuring compliance with the Fair Work Act. It found that while most provisions were in line with the legislation, certain aspects relating to casual loading and shift penalties required adjustment. The Commission made amendments to these sections to ensure they met the legislative standards. Ultimately, the Commission approved the agreement with modifications, finding that the changes sufficiently addressed the compliance issues.

In light of the above, the Fair Work Commission approved the Queen Victoria Home Nursing Enterprise Agreement 2017, subject to the modifications made to the casual loading and shift penalties provisions. The decision reflects the Commission's commitment to ensuring that enterprise agreements strike an appropriate balance between the interests of employers and employees, while also adhering to the statutory requirements set out in the Fair Work Act.

Queen Victoria Home Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established