Swifts Creek Bush Nursing Centre Inc.

[2013] FWCA 423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swifts Creek Bush Nursing Centre Inc.
(AG2012/14516)

SWIFTS CREEK BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2013

Application for approval of the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Swifts Creek Bush Nursing Centre Inc. 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 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 30 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swifts Creek Bush Nursing Centre Inc. applied to the Fair Work Commission for approval of the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012. The respondents to the application were the Fair Work Ombudsman, the Rural and Regional Nurses’ and Midwives’ Enterprise Bargaining Agreement 2010 bargaining group, and the Rural and Regional Nurses’ and Midwives’ Enterprise Bargaining Agreement 2010 bargaining group. The dispute concerned the validity of the agreement under the Fair Work Act 2009.

The court had to determine if the agreement was a "bargaining agreement" under section 226 of the Fair Work Act. This required consideration of whether the agreement was made between employers and employees and if it was made in good faith. The court also had to consider if the agreement met the requirements of section 230 of the Act, which mandates that agreements must be certified as "not unsuitable" by the Commission. Further, the court had to examine if the agreement was "in the public interest", as required by section 231 of the Act.

The court found that the agreement was a bargaining agreement as it was made between the employer and the employees represented by the bargaining group. It was made in good faith and met the requirements of sections 226 and 230 of the Act. The court also found that the agreement was in the public interest, taking into account the benefits to the employees and the overall impact on the community. Therefore, the court approved the agreement.

The final orders included the approval of the Swifts Creek Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012, subject to certain modifications to ensure compliance with the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established