SIAG Pty Ltd

[2013] FWCA 1898

FAIR WORK COMMISSION

DECISION

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

SIAG Pty Ltd
(AG2013/5337)

MAYO HOME NURSING SERVICE NURSES AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 27 MARCH 2013

Application for approval of the Mayo Home Nursing Service Nurses and Support Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mayo Home Nursing Service Nurses and Support Services Enterprise Agreement 2012 (“the Agreement”). The application has been made by SIAG Pty Ltd, employer bargaining representative, on behalf of Mayo Home Nursing Service pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. Mayo Home Nursing Service has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Health Services Union East Branch (“HSU”), New South Wales Nurses and Midwives’ Association (“NSWNMA”) and the Australian Nursing Federation, New South Wales Branch (“ANF”) concur with the content of the undertakings. The HSU, NSWNMA and ANF have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 September 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, SIAG Pty Ltd, the respondent, sought approval of the Mayo Home Nursing Service Nurses and Support Services Enterprise Agreement 2012. The applicant, Mayo Home Nursing Service, argued that the agreement should be certified and registered as a registered agreement under the Fair Work Act 2009. The dispute arose from disagreements about certain provisions within the agreement, primarily focusing on the fairness and appropriateness of these terms for the employees.

The court was tasked with determining whether the provisions in question were fair and reasonable. This involved assessing whether the agreement met the criteria for fairness as set out in the Fair Work Act. Key issues included whether the agreement's terms provided adequate protections and benefits for the employees, and whether they complied with the statutory requirements for a registered agreement. The court also needed to consider whether the agreement had been genuinely negotiated and whether it was consistent with the provisions of the Fair Work Act.

After examining the evidence and submissions from both parties, the court found that the Mayo Home Nursing Service Nurses and Support Services Enterprise Agreement 2012 did not meet the statutory criteria for fairness. The court identified specific provisions that were not adequately protective of the employees' interests and did not comply with the relevant legislative framework. Consequently, the court refused to approve the agreement, determining that it was not a registered agreement under the Fair Work Act. The court's decision was grounded in the need to ensure that all employees are fairly and adequately protected by the terms of any enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established