Scalabrini Village Ltd Summary

[2014] FWCA 4555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scalabrini Village Ltd
(AG2014/6129)

SCALABRINI VILLAGE LTD AND THE NEW SOUTH WALES NURSES’ AND MIDWIVES ASSOCIATION/ ANMF - NSW BRANCH NURSING STAFF ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 JULY 2014

Application for approval of the Scalabrini Village Ltd and the New South Wales Nurses’ and Midwives Association/ ANMF - NSW Branch Nursing Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Scalabrini Village Ltd and the New South Wales Nurses’ and Midwives Association/ ANMF - NSW Branch Nursing Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scalabrini Village Ltd. The agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives’ Association’, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Scalabrini Village Ltd and the New South Wales Nurses’ and Midwives Association/ ANMF - NSW Branch, which brought an application for the approval of their enterprise agreement. The matter was heard in the Fair Work Commission. The applicants sought to have their enterprise agreement approved, which was intended to govern the employment conditions of nursing staff at Scalabrini Village Ltd.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the statutory requirements set forth in the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for coverage, the bargaining process, and the substantive terms and conditions of employment. Specifically, the Commission had to determine whether the agreement was made in good faith, involved genuine bargaining, and did not undermine the existing industrial safety net.

The Fair Work Commission found that the agreement was made in good faith and involved genuine bargaining. It concluded that the agreement did not undermine the existing industrial safety net, as the proposed terms and conditions did not fall below the minimum standards set out in the relevant award. The Commission also determined that the agreement was within the scope of the bargaining mandate and was sufficiently detailed to ensure that it could be properly implemented and enforced. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission ordered that the Scalabrini Village Ltd and the New South Wales Nurses’ and Midwives Association/ ANMF - NSW Branch Nursing Staff Enterprise Agreement 2014 be approved as a registered agreement. This decision ensured that the agreement would have legal effect and could be used to govern the employment conditions of the nursing staff at Scalabrini Village Ltd.

Scalabrini Village Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established