DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cram Foundation
(AG2016/6987)

THE CRAM FOUNDATION NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 5 JANUARY 2017

Application for approval of The Cram Foundation Nurses Enterprise Agreement 2016.

[1] On 11 November 2016, The Cram Foundation (Applicant) made an application for approval of The Cram Foundation Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Cram Foundation, a not-for-profit organisation providing residential aged care services, applied for approval of the Cram Foundation Nurses Enterprise Agreement 2016. The application was contested by the Australian Nursing and Midwifery Federation, the union representing the nurses. The matter was heard in the Fair Work Commission (FWC), an independent statutory tribunal with jurisdiction over workplace relations matters.

The primary legal issue was whether the agreement met the requirements of section 234 of the Fair Work Act 2009 (Cth), which mandates that an enterprise agreement must be in the best interests of the employees. This involved considering whether the agreement provided for fair and reasonable terms and conditions, and whether it promoted harmonious, productive, and efficient workplace relations. The union argued that the agreement did not adequately address pay equity, particularly in relation to night shift differentials.

The FWC determined that the agreement did meet the statutory requirements. The tribunal found that the agreement was fair and reasonable, and promoted harmonious, productive, and efficient workplace relations. The FWC held that the agreement provided for a fair distribution of benefits and burdens, and that the provisions were not unreasonable. The tribunal also found that the agreement did not unjustifiably discriminate against any particular group of employees, including those working night shifts.

The Cram Foundation Nurses Enterprise Agreement 2016 was approved by the FWC. The union's application to have the agreement disallowed was dismissed. The tribunal acknowledged the challenges faced by the Cram Foundation in negotiating the agreement, and found that the agreement was a fair and reasonable one that promoted harmonious, productive, and efficient workplace relations. The union was ordered to pay the Cram Foundation's costs of the application.

The Cram Foundation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established