DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission
(AG2019/1394)

SACRED HEART MISSION NURSES AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Sacred Heart Mission Nurses Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sacred Heart Mission Nurses 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 Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission. 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation (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) 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 28 June 2019. The nominal expiry date of the Agreement is 20 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sacred Heart Mission St Kilda Inc, trading as Sacred Heart Mission, sought approval of a new enterprise agreement, the Sacred Heart Mission Nurses Agreement 2019, from the Fair Work Commission. The agreement was intended to cover nurses employed by the organisation, which provides services to the homeless and those in need. The application was made under the Fair Work Act 2009, which empowers the Commission to approve, modify, and register enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Act. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees, and if it complied with the procedural requirements outlined in the Act. Given that the agreement was "union-free," the Commission also needed to ensure that the agreement provided fair and reasonable terms for the employees, without the protection typically offered by a union.

In considering these issues, the Commission examined the contents of the agreement, the process by which it was negotiated, and the evidence provided by the parties. The Commission noted that while the agreement included some terms that were less favourable than those in the previous agreement, it also contained several improvements, such as an increase in base pay and the introduction of a new allowance. After weighing the overall benefits and detriments, the Commission concluded that the agreement was in the employees' best interests. The procedural requirements were also found to be satisfied, as the agreement was the product of a genuine negotiation process.

The Commission approved the Sacred Heart Mission Nurses Agreement 2019, determining that it met the statutory criteria for better-off-overall and compliance with the Act. This decision ensures that the new terms and conditions of employment will apply to the nurses, providing them with a fair and reasonable agreement in the absence of union representation.

Sacred Heart Mission St Kilda Inc T/A Sacred Heart Mission

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established