SwanCare Group Incorporated

[2014] FWCA 182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SwanCare Group Incorporated
(AG2013/12781)

SWANCARE GROUP INCORPORATED (ANF) NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 8 JANUARY 2014

Application for approval of the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2013.

[1] On 23 December 2013, SwanCare Group Incorporated made application for approval of a single enterprise agreement to be known as the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 13 December 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 15 January 2014.

[7] The nominal expiry date of this Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

SwanCare Group Incorporated applied to the Fair Work Commission for approval of the SwanCare Group Incorporated (ANF) Nurses Enterprise Agreement 2013. The application was opposed by the Registered Nurses’ Union of Western Australia. The Fair Work Commission was required to decide whether the agreement should be approved under the Fair Work Act 2009. The Commission noted that the agreement provided for wages and conditions of employment for registered nurses and enrolled nurses employed by the respondent, SwanCare Group Incorporated. The Commission found that the agreement met the requirements of the Fair Work Act 2009, including that it was in the interests of small business and did not undermine the safety of employees. The Commission approved the agreement, stating that it was satisfied that the agreement provided for a fair and efficient workplace and met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement, and that it did not undermine the safety of employees. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The final orders of the Commission were that the agreement be approved with modifications, and that the modifications be incorporated into the agreement before it took effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established