DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swifts Creek Bush Nursing Centre Inc.
(AG2021/5754)

SWIFTS CREEK BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2021

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 JULY 2021

Application for approval of the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2021.

[1] Swifts Creek Bush Nursing Centre Inc. has applied for approval of a single enterprise agreement known as the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Noting clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and the amended signature page, 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.

[5] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[6] The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 7 July 2021 and, in accordance with s.54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Swifts Creek Bush Nursing Centre Inc., sought approval for its Nurses Enterprise Agreement 2021, which was to be registered under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, with the employer and the union, Australian Nursing and Midwifery Federation, participating in the proceedings. The dispute centred around the terms and conditions outlined in the proposed agreement, with concerns regarding the fairness and reasonableness of the provisions in the context of the enterprise's operations and the workforce's needs.

The central legal issues before the Commission involved whether the proposed agreement was procedurally sound, in that it complied with the statutory requirements of the Fair Work Act, and substantively fair, considering the balance of interests between the employer and the employees. Key points of contention included the classification of roles, remuneration, and specific work arrangements that were proposed within the agreement.

In its decision, the Fair Work Commission found that the application process for the agreement was conducted in compliance with the necessary procedural requirements. The Commission examined the submissions from both the employer and the union, assessing the fairness and reasonableness of the agreement's provisions. The Commission noted the specific circumstances of the enterprise, its financial position, and the impact of the proposed terms on the employees. After careful consideration, the Commission determined that the agreement was fair and reasonable, taking into account all relevant factors, and approved the registration of the Nurses Enterprise Agreement 2021.

Consequently, the Commission issued its orders approving the registration of the agreement, which was to be effective from the date of the decision. The agreement was to be binding on all employees covered by it, and the employer was required to comply with its terms. The decision marked the resolution of the application, providing a clear framework for the employment relationship between the employer and the nursing staff at the Swifts Creek Bush Nursing Centre Inc.

Swifts Creek Bush Nursing Centre Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established