DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosary Village
(AG2016/4544)

ROSARY VILLAGE AND NSWNMA/ANMF ENTERPRISE AGREEMENT 2016-2019

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Rosary Village and NSWNMA/ANMF Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Rosary Village and NSWNMA/ANMF Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rosary Village. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association, 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 was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter of Rosary Village involved an application for the approval of the Rosary Village and NSWNMA/ANMF Enterprise Agreement 2016-2019. The application was brought before the Industrial Court of New South Wales by the NSW Nurses and Midwives' Association (NSWNMA) and the Australian Nursing and Midwifery Federation (ANMF). The core of the dispute lay in the terms and conditions of employment as outlined in the proposed enterprise agreement, which sought to govern the employment of nurses and midwives at the Rosary Village nursing facility.

The legal issues at hand centred on whether the terms of the proposed enterprise agreement were fair and reasonable in accordance with the relevant industrial legislation. The court needed to assess if the agreement met the necessary criteria for approval, which included ensuring that the agreement did not adversely affect the health and safety of employees, and that it provided fair terms and conditions of employment. Additionally, the court examined whether the agreement adequately represented the interests of the employees and provided a suitable framework for industrial relations within the nursing facility.

The court found that the proposed enterprise agreement met the statutory requirements for approval. It determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account their health and safety needs. The court concluded that the agreement was a product of genuine collective bargaining and adequately represented the interests of the employees. Furthermore, the agreement was deemed to be consistent with the broader industrial framework and did not impose any unreasonable restrictions on the rights of the employees. As a result, the court approved the Rosary Village and NSWNMA/ANMF Enterprise Agreement 2016-2019, thereby formalising the terms of employment for the nurses and midwives at the facility.

Rosary Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established