DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care
(AG2017/860)

BRAEMAR PRESBYTERIAN CARE (ANMF) REGISTERED NURSES AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 9 MAY 2017

Application for approval of the Braemar Presbyterian Care (ANMF) Registered Nurses Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Braemar Presbyterian Care Registered Nurses (ANMF) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care. 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 & 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) 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 16 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Presbyterian Church in Western Australia, trading as Braemar Presbyterian Care, applied to the Fair Work Commission for approval of the Braemar Presbyterian Care (ANMF) Registered Nurses Agreement 2016. The application was contested by the Australian Nursing and Midwifery Federation (ANMF). The central issue before the Fair Work Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was genuinely negotiated and if it contained all the required minimum terms and conditions of employment.

In assessing the application, the Fair Work Commission considered whether the agreement was genuinely negotiated between the employer and the union. The Commission examined the evidence provided and the processes followed in negotiating the agreement. Additionally, it evaluated whether the agreement contained all the mandatory minimum terms and conditions as stipulated by the Fair Work Act. The Commission noted that the agreement included provisions for hours of work, classification, wages, penalty rates, and other employment conditions, but it also identified areas that required clarification and correction to comply fully with the legislative requirements.

Following its analysis, the Fair Work Commission determined that while the agreement was largely genuine and negotiated, it did not fully meet all the statutory requirements due to certain deficiencies. The Commission approved the agreement with modifications, requiring the parties to address the identified issues to ensure compliance with the Fair Work Act. The final orders mandated that the Braemar Presbyterian Care and the ANMF amend the agreement to correct the specified deficiencies and resubmit it for final approval.

The Commissioners of the Presbyterian Church in WA T/A Braemar Presbyterian Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established