DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State of Victoria (Department of Education and Training)
(AG2016/7484)

NURSES (DEPARTMENT OF EDUCATION AND TRAINING) AGREEMENT 2016

State and Territory government administration
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Nurses (Department of Education and Training) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Nurses (Department of Education and Training) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State of Victoria (Department of Education and Training). 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 and the Community and Public Sector Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the State of Victoria, acting through the Department of Education and Training, and the application for the approval of the Nurses (Department of Education and Training) Agreement 2016. The application was brought by the Department seeking the endorsement of the industrial agreement which outlined terms and conditions of employment for nurses within the department. The application was opposed by various unions and individual nurses who raised concerns over specific provisions within the agreement.

The legal issues that the Commission needed to address revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, whether it provided fair and reasonable terms, and if it complied with the principles of good faith bargaining. The Commission also considered whether the agreement addressed the needs of the nurses appropriately and whether the consultation process adhered to the standards set out in the Act.

In assessing these issues, the Commission examined the evidence presented by both the Department and the unions. It evaluated the procedural fairness of the bargaining process and the substantive fairness of the terms proposed in the agreement. The Commission also took into account the public interest factors, such as the impact on the delivery of education services within the state's schools. Ultimately, the Commission found that the agreement did meet the statutory criteria for approval. The terms were deemed fair and reasonable, and the agreement was in the public interest, taking into account the necessity to maintain a stable and well-functioning education system.

The Commission approved the Nurses (Department of Education and Training) Agreement 2016, thereby resolving the dispute. The decision underscored the importance of fair bargaining and the consideration of public interest in industrial agreements. The final orders confirmed the approval of the agreement, allowing it to be registered and enforced as a registered agreement under the Fair Work Act.

State of Victoria (Department of Education and Training)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established