DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SwanCare Group Incorporated
(AG2020/3926)

SWANCARE GROUP INCORPORATED (ANF) NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 29 JANUARY 2021

Application for approval of the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SwanCare Group Incorporated. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 5 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SwanCare Group Incorporated applied for the approval of the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2019, which was lodged with the Fair Work Commission on 28 February 2019. The application was heard by Deputy President A J Rimmer in the Fair Work Commission. The dispute centered around the fairness and appropriateness of the terms and conditions proposed in the enterprise agreement, specifically concerning the classification, pay rates, and working conditions of nurses employed by SwanCare Group.

The legal issues the court had to resolve were whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of the procedural fairness and the genuineness of the bargaining process. The court examined whether the agreement had been fairly negotiated and if it met the criteria for being a "better off overall" agreement for the employees. The court also considered whether the agreement provided for appropriate protections and entitlements for the nurses, ensuring that the terms were not overly harsh or unreasonable.

Deputy President A J Rimmer determined that the application for approval met the requirements of the Fair Work Act. The court found that the agreement had been fairly negotiated and provided adequate protections for the employees. The terms and conditions were considered reasonable, and the agreement was deemed to be a "better off overall" one for the nurses. Consequently, the court approved the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2019, bringing the application to a successful conclusion.

SwanCare Group Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established