DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosha Pty Ltd
(AG2019/1418)

ROSHA PTY LTD - ANMF-SA NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 31 JULY 2019

Application for approval of the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rosha Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 June 2019.

[3] On 27 June 2019, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement. A hearing was conducted on 30 July 2019. The Applicant was represented by Mr Love (with permission pursuant to s.596) and Ms L Dooley represented the Australian Nursing and Midwifery Federation.

[4] The Applicant has submitted an undertaking in the required form dated 30 July 2019. The undertaking deals with the following topics:

• The terms of any part-time agreement may be varied by agreement in writing.

• Clause 7.1.3.4 of the Agreement will only be used in circumstances contemplated by Clause 31.9 of the Nurses Award 2010 (the Award) as if the Applicant were a medical practice.

• Any casual nurse that is entitled to be paid weekend, public holiday, or overtime rates under the Agreement will (where the rate paid is less than the Award) be paid the appropriate rate under the Award plus 1%. This review will be conducted weekly.

• The averaging period in Clause 4.2.2.1 will be 4 weeks.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. Ms Dooley supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Rosha Pty Ltd sought approval of the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2019 before the Fair Work Commission. The applicant, Rosha Pty Ltd, argued that the agreement provided for fair and reasonable terms and conditions for its employees. The Australian Nursing and Midwifery Federation, South Australia Branch, contested the approval, asserting that certain provisions in the agreement were not fair and reasonable.

The primary legal issue before the commission was whether the terms and conditions set out in the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2019 were fair and reasonable. This involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The commission considered various factors, including the nature of the work, the bargaining positions of the parties, and the overall fairness of the terms in light of the parties' respective circumstances.

The Fair Work Commission determined that the agreement was fair and reasonable overall. The commission found that the parties had engaged in good faith bargaining and that the terms and conditions were appropriate given the specific context of the nursing industry. While the commission identified some areas for improvement, it concluded that these did not significantly detract from the fairness of the overall agreement. As a result, the commission approved the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2019, subject to the minor modifications it had recommended.

Rosha Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established