DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke’s Care T/A St Luke’s Aged Care
(AG2017/5111)

ST LUKE’S CARE TRADING AS ST LUKE’S AGED CARE (NURSES) AND NSWNMA/ANMF NSW BRANCH ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER SAUNDERS	NEWCASTLE, 29 NOVEMBER 2017

Application for approval of the St Luke’s Care trading as St Luke’s Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the St Luke’s Care trading as St Luke’s Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Luke’s Care, trading as St Luke’s Aged Care, applied to the Fair Work Commission for approval of the St Luke’s Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2017-2020. The Australian Nursing and Midwifery Federation (ANMF) represented the nurses, while the employer argued that the agreement was unfair due to certain provisions regarding shift allowances and the definition of a ‘shift.’ The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009 and was fair and reasonable in all aspects.

The central legal issues before the Commission were whether the agreement's provisions on shift allowances and the definition of a shift complied with the Act and were fair and reasonable. Specifically, the Commission had to consider whether the shift allowances were adequate and whether the definition of a shift was clear and fair to both parties. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Act, including those relating to the prohibition of unfair dismissal and the protection of employees' rights.

In its decision, the Commission found that the provisions in the agreement were fair and reasonable. The Commission noted that the shift allowances provided were sufficient to cover the additional responsibilities and demands associated with nursing shifts, and the definition of a shift was clear and practical. The Commission also determined that the agreement did not contravene any provisions of the Act, including those relating to unfair dismissal and the protection of employees' rights. The Commission approved the agreement, finding it to be in compliance with all legal requirements and fair to both parties.

The final orders of the Commission were that the St Luke’s Aged Care (Nurses) and NSWNMA/ANMF Enterprise Agreement 2017-2020 be approved. This decision provided certainty and stability for the employees and employer, ensuring that the terms of the agreement would be legally binding and enforceable.

St Luke’s Care T/A St Luke’s Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established