DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swifts Creek Bush Nursing Centre Inc.
(AG2017/2229)

SWIFTS CREEK BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 2 AUGUST 2017

Application for approval of the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017.

[1] On 13 June 2017 Swifts Creek Bush Nursing Centre Inc. (Applicant) made an application for approval of the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Swifts Creek Bush Nursing Centre Inc., which sought approval for its Nurses Enterprise Agreement 2017. The dispute was heard in the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural fairness requirements, whether it contained the necessary minimum terms and conditions, and whether it was free from any invalid provisions.

The Fair Work Commission carefully examined the agreement to ensure it was negotiated in good faith and that the parties had an opportunity to express their views. The Commission also assessed whether the agreement contained all the required minimum terms and conditions stipulated by the Act, such as provisions relating to pay rates, classification, leave entitlements, and other workplace standards. Additionally, the Commission considered whether any provisions in the agreement were unlawful or contrary to public policy. In its deliberations, the Commission referenced relevant case law and statutory provisions to guide its decision-making process.

Upon reviewing the evidence and arguments presented, the Fair Work Commission concluded that the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2017 complied with all legal requirements for approval. The Commission found that the agreement had been negotiated in good faith, contained all necessary minimum terms and conditions, and did not include any invalid provisions. Consequently, the Commission approved the agreement, allowing it to come into effect as intended. This decision ensures that the agreement will provide a fair and legally compliant framework for the employment of nurses at the Swifts Creek Bush Nursing Centre.

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