Royal District Nursing Service

[2013] FWCA 197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Royal District Nursing Service
(AG2012/14254)

ROYAL DISTRICT NURSING SERVICE - TASMANIA - NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 9 JANUARY 2013

Application for approval of the Royal District Nursing Service - Tasmania - Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Royal District Nursing Service - Tasmania - Nurses Enterprise Agreement 2012(“the Agreement”). The application has been made by Royal District Nursing Service (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Australian Nursing Federation (Tasmanian Branch) concurs with the content of the undertakings. The Australian Nursing Federation (Tasmanian Branch) has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 July 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Royal District Nursing Service, sought approval for a new enterprise agreement, Nurses Enterprise Agreement 2012, from the Fair Work Commission. The agreement was to govern the terms and conditions of employment for nurses employed by the applicant in Tasmania. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it facilitated the improvement of workplace relations and was made in good faith.

The primary legal issue before the court was whether the agreement was genuinely negotiated and made in good faith. The court had to consider whether the applicant had complied with the procedural and substantive requirements under the Fair Work Act. This included examining the process by which the agreement was negotiated and whether the agreement contained provisions that were fair and reasonable. Additionally, the court needed to assess if the agreement met the ‘better-off-overall test’ to ensure that the employees were not worse off financially under the new agreement.

The Fair Work Commission found that the applicant had fulfilled the requirements of the Act. The negotiation process was deemed to be genuine, and the agreement was made in good faith. The court noted that the agreement contained provisions that were fair and reasonable, and it met the better-off-overall test, ensuring that employees were not worse off. The Commission concluded that the agreement facilitated improved workplace relations and was therefore approved.

The Fair Work Commission approved the Nurses Enterprise Agreement 2012, recognising that it met the necessary standards under the Fair Work Act. The applicant was granted the approval sought, allowing the agreement to be implemented for the nurses employed in Tasmania.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established