DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal District Nursing Service Ltd
(AG2016/6747)

ROYAL DISTRICT NURSING SERVICE LTD VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal District Nursing Service Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Royal District Nursing Service Ltd (RDN) for the approval of the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016. The application was made to the Fair Work Commission (FWC), which had the responsibility of assessing whether the agreement met the necessary legal standards under the Fair Work Act 2009. The FWC's decision was significant as it would determine the terms and conditions of employment for nurses and other staff employed by RDN in Victoria.

The primary legal issues before the FWC were whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which stipulates the criteria for an enterprise agreement to be approved. This included assessing whether the agreement had been made in good faith and whether it provided for a fair and efficient workplace. The FWC also had to consider whether the agreement complied with the "better off overall test" (BOOT) under section 179 of the Act, ensuring that the employees were not worse off financially by the terms of the agreement.

The FWC examined the submissions and evidence presented by both RDN and the union representing the employees. It assessed the overall fairness of the terms and conditions set out in the agreement, including wages, leave entitlements, and other employment-related matters. The FWC concluded that the agreement was fair and met all the necessary criteria for approval. It found that the agreement had been made in good faith and that it provided for an efficient workplace. The FWC also determined that the agreement satisfied the BOOT, as it ensured that the employees were not worse off overall.

The FWC approved the Royal District Nursing Service Ltd Victorian Operations Enterprise Agreement 2016, and the agreement became legally binding on both RDN and its employees. This decision provided clarity on the terms and conditions of employment, ensuring that the agreement was fair, efficient, and met the legal requirements under the Fair Work Act 2009.

Royal District Nursing Service Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established