Tandara Lodge Community Care Inc. Summary

[2013] FWCA 6342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tandara Lodge Community Care Inc.
(AG2013/7918)

THE TANDARA LODGE COMMUNITY CARE INC. NURSES ENTERPRISE AGREEMENT 2012

Tasmania
COMMISSIONER LEE	HOBART, 29 AUGUST 2013

Application for approval of the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2012 (the Agreement). The application was made by Tandara Lodge Community Care Inc. pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 5 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tandara Lodge Community Care Inc. sought approval of the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2012, which was opposed by the Australian Nursing and Midwifery Federation. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission considered whether the agreement had been genuinely negotiated, provided for appropriate dispute resolution mechanisms, and did not contain terms that were contrary to public policy. The Commission found that the agreement had been genuinely negotiated and contained appropriate dispute resolution mechanisms. It also found that the terms of the agreement did not contravene any relevant legislation or public policy. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and employees. The final orders of the Commission included the approval of the Tandara Lodge Community Care Inc. Nurses Enterprise Agreement 2012, with specific conditions to ensure compliance with the Fair Work Act 2009.

Tandara Lodge Community Care Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established