DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RSL Care SA
(AG2016/1793)

RSL CARE SA NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the RSL Care SA Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RSL Care SA Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RSL Care SA. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved RSL Care SA and its registered nurses, who were represented by the Health Services Union of Australia. The dispute centred around the application for approval of the RSL Care SA Nurses Enterprise Agreement 2015, which had been submitted to the Fair Work Commission for consideration. The union sought to have the agreement approved, while RSL Care SA argued that certain provisions within the agreement should not be endorsed due to concerns about their compliance with the Fair Work Act 2009.

The central legal issue that the court had to address was whether the provisions in question were consistent with the legislative framework established by the Fair Work Act. Specifically, the court needed to determine if the terms and conditions outlined in the agreement aligned with the requirements for enterprise agreements as set forth in the Act. This included assessing whether the agreement provided for minimum terms, adhered to the good faith bargaining process, and did not include terms that were contrary to public policy or the principles of the Fair Work Act.

In examining the agreement, the court considered the specific provisions that RSL Care SA contested. The court found that the terms in question did not contravene the statutory requirements and were therefore compliant with the Act. The court emphasised that the agreement provided for the minimum terms as required by law and did not include any terms that were against public policy or the principles of the Fair Work Act. Consequently, the court approved the application for the enterprise agreement, allowing it to come into effect.

The court's decision concluded with the formal approval of the RSL Care SA Nurses Enterprise Agreement 2015, enabling the terms and conditions to be implemented for the registered nurses employed by RSL Care SA.

RSL Care SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established