DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Eastern Nursing & Home Care Association Inc T/A South Eastern Community Care
(AG2015/2080)

SOUTH EASTERN COMMUNITY CARE - NURSES ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2015

Application for approval of the South Eastern Community Care - Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the South Eastern Community Care - Nurses Enterprise Agreement 2013 (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 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 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 was approved on 23 March 2015 and, in accordance with s.54, will operate from 27 March 2015. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the South Eastern Nursing & Home Care Association Inc trading as South Eastern Community Care, sought the approval of the South Eastern Community Care – Nurses Enterprise Agreement 2013 by the Fair Work Commission. The applicants argued that the agreement met the requirements of the Fair Work Act 2009, including that it provided for fair and reasonable terms and conditions for the employees involved. The respondents, represented by the Health Services Union of Australia, opposed the application on the basis that the agreement did not meet the statutory requirements for approval.

The central legal issues before the court were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The court examined the provisions of the agreement, including the terms and conditions, the dispute resolution mechanisms, and the certification process. The court also considered the submissions of both parties and the evidence presented.

The court found that the enterprise agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, leave, and other employment-related matters. The court also found that the dispute resolution mechanisms were adequate and that the certification process had been followed correctly. The court rejected the respondents' arguments that the agreement did not meet the statutory requirements for approval.

The Fair Work Commission approved the South Eastern Community Care – Nurses Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act 2009. The agreement was registered, and the parties were bound by its terms. The court's decision provides guidance for other employers and employees in the nursing and home care industry in relation to the approval of enterprise agreements.

South Eastern Nursing & 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