RSL Care South Australia Inc T/A War Veterans Home

[2013] FWCA 6563

FAIR WORK COMMISSION

DECISION

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

RSL Care South Australia Inc T/A War Veterans Home
(AG2013/8831)

RSL CARE SA NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 4 SEPTEMBER 2013

Application for approval of the RSL Care SA Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RSL Care SA Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RSL Care South Australia Inc T/A War Veterans Home. 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 as are relevant to this application for approval have been met.

[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) 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 11 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, RSL Care South Australia Inc T/A War Veterans Home applied for the approval of the RSL Care SA Nurses Enterprise Agreement 2013. The application was heard by the Commission, which was required to determine if the agreement met the necessary legal criteria for approval. The agreement was proposed for nurses employed by RSL Care, covering aspects such as wages, working conditions, and other employment terms.

The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009, particularly concerning the provisions for minimum wages and conditions, and if it adhered to the procedural requirements set out in the legislation. The Commission needed to ascertain if the agreement was made in good faith and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the proposed agreement met the statutory requirements under the Fair Work Act 2009. It was determined that the agreement provided for minimum wages and conditions, and was made in good faith. The Commission noted that the agreement included necessary procedural safeguards and was consistent with the purpose of the Act. Consequently, the Commission approved the agreement, acknowledging its compliance with all relevant legal standards.

The final orders of the Commission were that the RSL Care SA Nurses Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement will govern the employment conditions for nurses at RSL Care South Australia Inc T/A War Veterans Home, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established