DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Rehab
(AG2016/5032)

ROYAL REHAB NURSES AGREEMENT 2016

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Royal Rehab Nurses Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Royal Rehab Nurses Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Royal Rehab. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 6, 33(iv)(c), 46 and 51(vii)(e) and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Australian Nursing and Midwifery Federation (ANMF) and New South Wales Nurses and Midwives' Association (NSWNMA), 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement was approved in Chambers on 27 October 2016 and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Royal Rehab, applied to the Fair Work Commission for approval of the Royal Rehab Nurses Agreement 2016. The dispute arose from negotiations between Royal Rehab and the Health Services Union of Australia, concerning the terms and conditions of employment for nurses. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the necessary provisions to ensure it was fair and reasonable, and whether it complied with the procedural requirements of the Act. Specifically, the Commission had to consider whether the agreement provided for proper consultation, whether it was free from coercion and undue influence, and whether it included adequate protections for employees.

The Commission found that the agreement met all the necessary criteria. It was concluded that the agreement provided for appropriate consultation processes, was free from coercion and undue influence, and contained adequate protections for employees. The Commission also noted that the agreement had been developed through a genuine process of negotiation between the parties. The Commission approved the agreement, noting that it was fair and reasonable in all respects.

The Fair Work Commission approved the Royal Rehab Nurses Agreement 2016, finding that it complied with the requirements of the Fair Work Act 2009. The agreement was deemed to provide for proper consultation, was free from coercion and undue influence, and contained adequate protections for employees. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been developed through a genuine process of negotiation between the parties.

Royal Rehab

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established