DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged
(AG2019/3135)

PINE LODGE - NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

Application for approval of the Pine Lodge - Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pine Lodge - Nurses Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged applied for the approval of the Pine Lodge - Nurses Enterprise Agreement 2019. The applicant is an employer and the respondents are the registered nurses employed at Pine Lodge. The dispute revolves around the terms and conditions of employment for the nurses as stipulated in the proposed enterprise agreement.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum terms and conditions, and whether it was procedurally fair. The Commission needed to determine if the agreement complied with the good faith bargaining requirement and if it contained provisions that were necessary to protect the interests of the employees.

After considering the submissions from both parties and the relevant legislative framework, the Commission found that the agreement was procedurally fair and met the statutory requirements for approval. The Commission noted that the agreement provided for minimum terms and conditions and was in the best interests of the employees. The agreement also included provisions that addressed the specific needs and concerns of the nurses, and the Commission was satisfied that the bargaining process was conducted in good faith. As a result, the Commission approved the Pine Lodge - Nurses Enterprise Agreement 2019.

The Fair Work Commission approved the Pine Lodge - Nurses Enterprise Agreement 2019, effective from the date of the decision. The agreement now serves as the basis for the terms and conditions of employment for the registered nurses at Pine Lodge.

Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established