DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stretton Park Incorporated T/A Stretton Park Hostel
(AG2016/5680)

STRETTON PARK NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT DEAN	SYDNEY, 3 NOVEMBER 2016

Application for approval of the Stretton Park Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stretton Park Nurses Enterprise 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 Stretton Park Incorporated T/A Stretton Park Hostel. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stretton Park Incorporated, trading as Stretton Park Hostel, sought approval for the Stretton Park Nurses Enterprise Agreement 2016 from the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for registered and enrolled nurses employed at the hostel. The application was made under section 234 of the Fair Work Act 2009. The applicant argued that the proposed agreement met the requirements of the Act and should be approved to ensure a fair and efficient workplace.

The legal issues before the Commission involved determining whether the agreement met the criteria set out in the Fair Work Act for being deemed a "modern award." The applicant had to demonstrate that the agreement provided for a fair and efficient workplace, took into account the needs of small businesses, and did not have an adverse effect on employees' job security or terms and conditions. The Commission also needed to consider whether the agreement complied with the "better off overall test" and if it contained any provisions that were outside the scope of the agreement.

The Commission found that the proposed agreement met the criteria for approval. The applicant had provided comprehensive evidence demonstrating that the agreement was fair and efficient, took into account the needs of small businesses, and did not negatively impact employees' job security or terms and conditions. The Commission was satisfied that the agreement complied with the "better off overall test" and that all provisions were within the scope of the agreement. The Commission concluded that the agreement was suitable for approval as it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Stretton Park Nurses Enterprise Agreement 2016, effective from the date of the decision. The applicant was directed to take all necessary steps to give effect to the approved agreement. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that the applicant provide a copy to the Commission within 14 days of the decision.

Stretton Park Incorporated T/A Stretton Park Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established