DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal District Nursing Service of SA Limited T/A RDNS SA
(AG2016/7912)

ROYAL DISTRICT NURSING SERVICE OF SA LTD NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2017

Application for approval of the Royal District Nursing Service of SA Ltd Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Royal District Nursing Service of SA Ltd Nurses 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 the Royal District Nursing Service of SA Limited T/A RDNS SA. 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 March 2017 and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Royal District Nursing Service of SA Limited, trading as RDNS SA, Nurses Enterprise Agreement 2016. The application was brought by the employer, Royal District Nursing Service of SA Limited, and opposed by the union, Australian Nursing and Midwifery Federation (SA Branch). The dispute centred on the terms and conditions of employment for the nurses working under the agreement, and whether these terms met the requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission had to resolve were whether the agreement was genuinely bargained, and whether it contained the minimum terms and conditions mandated by the Fair Work Act. Specifically, the Commission examined whether the agreement provided for appropriate minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment, as well as whether it complied with the good faith bargaining requirements. The Commission also had to consider submissions from both parties regarding the fairness and reasonableness of the proposed terms.

In its decision, the Fair Work Commission found that the agreement was genuinely bargained between the employer and the union. The Commission determined that the agreement met the minimum standards set by the Fair Work Act, including the provision of appropriate minimum rates of pay, penalty rates, leave entitlements, and other conditions. The Commission also found that the agreement contained terms that were reasonable in the circumstances, and that the parties had engaged in good faith bargaining. Accordingly, the Commission approved the Royal District Nursing Service of SA Limited, trading as RDNS SA, Nurses Enterprise Agreement 2016.

As a result of the Commission's decision, the agreement was approved and came into effect. The approved agreement outlines the terms and conditions of employment for the nurses working under it, including provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions. The approval of the agreement ensures that the nurses have a legally binding enterprise agreement that governs their employment.

Royal District Nursing Service of SA Limited T/A RDNS SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established