Sacred Heart Mission Inc

[2014] FWCA 2456

[2014] FWCA 2456

The attached document replaces the document previously issued with the above code on 17 April 2014.

Title of Agreement corrected in paragraph [1].

Cloe van Korven

Associate to Commissioner Johns

Dated 24 April 2014

[2014] FWCA 2456

FAIR WORK COMMISSION

DECISION

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

Sacred Heart Mission Inc
(AG2014/378)

SACRED HEART MISSION NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 11 APRIL 2014

Application for approval of the Sacred Heart Mission Nurses Agreement 2014.

[1] On 24 February 2014 Sacred Heart Mission Inc (Applicant) made an application for approval of the Sacred Heart Mission Nurses Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (FWAct). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] On 3 March 2014 the Australian Nursing and Midwifery Federation (ANMF) filed its Form F18 - Statutory Declaration of Employee Organisation. In the Form F18, the ANMF indicated it did not support approval of the Agreement largely on the basis that the Agreement was not adequately explained to employees and a reduction in entitlements when the Agreement is compared to another Agreement.

[4] The matter was first listed for hearing on 2 April 2014. At the time the Commission, as presently constituted, was not satisfied on the material then before it that the Applicant had taken all reasonable steps to explain the terms of the Agreement to employees to be covered by the Agreement as required by s.180 of the FW Act. The matter was adjourned to allow the Applicant an opportunity to file and serve additional material.

[5] On 7 April 2014, the Applicant filed in the Commission an amended Form F17 - Employer’s Declaration and a statutory declaration of its General Manager of Business Services, Catherine Harris. The declaration of Ms Harris set out the history of the bargaining negotiations. Attached to Ms Harris’ declaration is the following relevant correspondence:

(a) Letter dated 26 November 2013 from the ANMF to its members. It indicates that the ANMF will not endorse the Agreement as it reduces a number of entitlements under the current Agreement and sets out those entitlements in some length;

(b) Letter dated 2 December 2013 from the Applicant to the ANMF providing an update on the negotiations and responding to each concern raised by the ANMF; and

(c) Letter dated 20 January 2014 from the Applicant to its employees providing further clarification regarding the issues raised by the ANMF.

[6] The ANMF elected not to cross examine Ms Harris. Her evidence is therefore is accepted and unchallenged. Having regard to the correspondence referred to above and to all the other material attached to the statutory declaration of Ms Harris, the Commission, as presently constituted, is now satisfied on the material before it, that the Applicant took reasonable steps to explain the Agreement to its employees.

[7] In addition, the Applicant has provided written undertakings. The undertakings were provided in response to concerns of the Commission regarding long service leave and superannuation entitlements and the consultation term. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the ANMF has indicated its acceptance of the undertakings.

[8] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[9] The ANMF, 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), the Commission notes that the Agreement covers this organisation.

[10] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 April 2014. The nominal expiry date of the Agreement is 11 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE407678  PR549611>

ANNEXURE A