DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tandara Lodge Community Care Inc.
(AG2016/1629)

THE TANDARA LODGE COMMUNITY CARE INC. NURSES ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2016

Application for approval of The Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tandara Lodge Community Care Inc. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Tandara Lodge Community Care Inc. (the employer) and the National Tertiary Education Union (the union) sought approval of the Nurses Enterprise Agreement 2015, which would apply to registered and enrolled nurses employed by the employer. The application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act concerning procedural fairness. The union argued that the agreement did not adequately protect the rights and interests of the nurses, while the employer contended that it was fair and reasonable and complied with all legal requirements.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural fairness requirements of the Act. The Commission noted that the agreement included provisions for minimum rates of pay, leave entitlements, and other benefits that were consistent with industry standards. The Commission also found that the agreement provided for adequate consultation and negotiation processes, and that the parties had made a genuine effort to reach agreement. Accordingly, the Commission approved the agreement, subject to certain minor modifications to address technical errors.

The final orders of the Commission were that the Nurses Enterprise Agreement 2015 be approved, subject to the modifications set out in the decision. The union and the employer were directed to take all necessary steps to give effect to the approved agreement.

Tandara Lodge Community Care Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established