DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SwanCare Group Incorporated
(AG2016/7553)

SWANCARE GROUP INCORPORATED (ANF) NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2017

Application for approval of the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SwanCare Group Incorporated (ANF) 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 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 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 is approved and, in accordance with s.54 of the Act, will operate from 6 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SwanCare Group Incorporated applied to the Fair Work Commission for approval of the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2016. The respondents, which included various unions, opposed the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, which was required to decide whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Full Bench was whether the agreement contained all the terms and conditions of employment as required by section 233 of the Fair Work Act 2009. The Full Bench had to consider whether the agreement provided for adequate consultation and the protection of employees' rights. The Full Bench also had to consider whether the agreement met the requirements of the Better Off Overall Test, which requires that employees be no worse off financially under the new agreement than they would have been under the previous agreement.

The Full Bench found that the agreement met the requirements of the Act. The Full Bench held that the agreement provided for adequate consultation and the protection of employees' rights. The Full Bench also found that the agreement met the requirements of the Better Off Overall Test. The Full Bench found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Full Bench approved the agreement, and the application was successful.

The Full Bench approved the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2016, finding that it met the requirements of the Fair Work Act 2009. The Full Bench held that the agreement provided for adequate consultation and the protection of employees' rights and met the requirements of the Better Off Overall Test. The Full Bench found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees.

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