The Cram Foundation

[2014] FWCA 3683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cram Foundation
(AG2014/883)

THE CRAM FOUNDATION NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 JUNE 2014

Application for approval of The Cram Foundation Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Cram Foundation Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Cram Foundation. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] An undertaking has been provided by Mr Gareth McKeen, CEO, The Cram Foundation. The written undertaking concerning clause 17.4 will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The New South Wales Nurses and Midwives’ Association and the Australian Nursing and Midwifery Federation, New South Wales Branch, being bargaining representatives for the Agreement, 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 the organisations.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Cram Foundation sought approval of its 2014 Nurses Enterprise Agreement, with the application being heard in the Fair Work Commission. The agreement proposed various terms and conditions for nurses employed by the Foundation, including wages, hours of work, leave entitlements, and other employment-related matters. The dispute centred around whether the proposed agreement was fair and reasonable in accordance with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement provided for terms and conditions that were fair and reasonable, taking into account the principles of enterprise bargaining and the need for an agreement to be commercially and operationally viable for the Foundation. The Commission had to consider the views and submissions of both The Cram Foundation and the relevant trade union, as well as the broader context of the nursing industry in Australia.

After hearing extensive evidence and submissions from both parties, the Commission found that the proposed agreement was fair and reasonable. The Commission acknowledged the need for the Foundation to maintain financial stability while also ensuring fair terms and conditions for its nursing staff. The Commission approved the agreement, recognising the importance of a collaborative approach in reaching a fair and reasonable outcome for all parties involved.

The Commission's decision was based on its assessment of the evidence and submissions presented, as well as its understanding of the broader context of the nursing industry in Australia. The Cram Foundation's 2014 Nurses Enterprise Agreement was approved, and the terms and conditions set out in the agreement became legally binding on both the Foundation and its nursing staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established