DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Eastern Nursing and Home Care Association Inc T/A South Eastern Community Care
(AG2017/690)

SOUTH EASTERN COMMUNITY CARE NURSES ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the South Eastern Community Care Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the South Eastern Community Care Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Eastern Nursing and Home Care Association Inc T/A South Eastern Community Care. 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 and Midwifery Federation, Tasmanian Branch 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 10 April 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The South Eastern Nursing and Home Care Association Inc T/A South Eastern Community Care applied for the approval of the South Eastern Community Care Nurses Enterprise Agreement 2017. The application was heard by the Fair Work Commission, specifically Commissioner D’Elia. The dispute involved the terms and conditions of employment for nurses under the proposed enterprise agreement, including issues such as pay rates, leave entitlements, and other employment conditions.

The primary legal issues before the court were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether they complied with the relevant industrial laws and principles. The court had to consider whether the agreement appropriately balanced the interests of the employers and employees, ensuring fairness and meeting the statutory requirements under the Fair Work Act 2009.

Commissioner D’Elia found that the proposed enterprise agreement was fair and reasonable. The agreement addressed the needs of both the employer and employees, ensuring a balance of interests while adhering to the principles of industrial fairness. The court noted that the agreement met all statutory requirements and provided for adequate terms and conditions that were appropriate for the industry and the parties involved. Consequently, the court approved the South Eastern Community Care Nurses Enterprise Agreement 2017.

As a result of the approval, the South Eastern Community Care Nurses Enterprise Agreement 2017 was approved and came into effect. This decision provided clarity and certainty for both the employer and employees regarding their employment terms and conditions.

South Eastern Nursing and Home Care Association Inc T/A South Eastern Community Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established