DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Palliative Care
(AG2016/2584)

SOUTH EAST PALLIATIVE CARE NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 5 APRIL 2016

Application for approval of the South East Palliative Care Nurses Enterprise Agreement 2016.

[1] On 21 March 2016 South East Palliative Care (Applicant) made an application for approval of the South East Palliative Care Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 April 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the South East Palliative Care Nurses Enterprise Agreement 2016. The applicant, South East Palliative Care Nurses Association, sought approval of the agreement under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for nurses within the South East Palliative Care sector. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as a low paid industry award.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum wages and conditions, was procedurally valid, and whether it promoted or recognised the role of the association. Additionally, the Commission considered whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

The Fair Work Commission found that the agreement met the criteria for approval. It provided for a safety net of minimum wages and conditions that were no less favourable than the low paid industry award. The Commission also determined that the agreement was procedurally valid, having been negotiated in good faith, and that it promoted the role of the association. Furthermore, the Commission was satisfied that no provisions within the agreement were contrary to public policy or otherwise unlawful. Consequently, the application for approval was granted.

The Fair Work Commission approved the South East Palliative Care Nurses Enterprise Agreement 2016, effective from the date of the decision. The agreement now serves as the applicable enterprise agreement for nurses within the South East Palliative Care sector, providing a framework for the terms and conditions of their employment.

South East Palliative Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established