SOS Nursing and Home Care Service Pty Limited

[2013] FWCA 8251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SOS Nursing and Home Care Service Pty Limited
(AG2013/2283)

SOS NURSING AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 NOVEMBER 2013

Application for approval of the SOS Nursing Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SOS Nursing Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made SOS Nursing and Home Care Service Pty Limited. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Ms Rosemary Hyles, who is authorised to make this undertaking pursuant to s.190 of the Act for the applicant. The written undertaking concerning clauses 10 and Appendix B will be taken to be a term of the Agreement pursuant to s.191 of the Act. A copy of the undertaking is attached as Annexure A.

[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 29 November 2013. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SOS Nursing and Home Care Service Pty Limited, applied to the Federal Circuit Court for the approval of an enterprise agreement, the SOS Nursing Agreement 2013. The dispute arose from the applicant's contention that the agreement was fairly negotiated and met the requirements of the Fair Work Act 2009. The respondent, the Australian Nursing and Midwifery Federation, opposed the application, arguing that the agreement did not meet the necessary criteria for approval.

The central legal issues before the court were whether the agreement was genuinely negotiated and whether it contained the minimum terms and conditions as required by the Fair Work Act. The court had to consider whether the applicant had complied with the statutory provisions governing the negotiation and content of the enterprise agreement. This included examining whether there was sufficient evidence of genuine negotiations and whether the agreement provided for the minimum terms and conditions set out in the Fair Work Act.

The court found that the applicant had demonstrated evidence of genuine negotiations and that the agreement contained all the required minimum terms and conditions. The applicant provided witness statements and emails that showed the process of negotiation and consensus building. The court accepted these submissions and ruled that the agreement met the statutory requirements. Consequently, the court approved the SOS Nursing Agreement 2013.

The court ordered that the SOS Nursing Agreement 2013 be approved as a registered agreement under the Fair Work Act. This decision ensured that the agreement could be implemented and that it provided the necessary protections and entitlements to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established