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[2013] FWCA 309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SIAG Pty Ltd
(AG2012/14511)

DARGO BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2013

Application for approval of the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SIAG Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

SIAG Pty Ltd was the applicant in the case, seeking approval of the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012. The respondent was the Australian Nursing and Midwifery Federation. The dispute was heard in the Fair Work Commission, an Australian government body responsible for the resolution of workplace disputes and the administration of employment legislation. The primary issue the court had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fairly negotiated, if it provided for the appropriate pay and conditions for the employees, and if it complied with other legislative requirements.

The court began by examining the negotiation process of the agreement. It considered whether the agreement was genuinely negotiated and if the parties had genuinely attempted to reach an agreement. The court then assessed the fairness of the terms and conditions outlined in the agreement, ensuring they were not worse off than the applicable awards or certified agreements. Furthermore, the court looked into the compliance of the agreement with various sections of the Fair Work Act, such as the inclusion of essential terms and the absence of prohibited content. After reviewing the negotiation process, the terms and conditions, and the compliance with the Act, the court concluded that the agreement met the necessary criteria for approval.

The Fair Work Commission found that the agreement was fairly negotiated, contained all the essential terms, and did not include any prohibited content. The court determined that the agreement provided for fair pay and conditions and complied with the Fair Work Act. Consequently, the court approved the Dargo Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012. The final orders included the approval of the agreement and its registration with the Fair Work Commission, allowing it to be enforced as a binding legal document.

SIAG Pty Ltd

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