DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Karuna Hospice Service Limited T/A Karuna Hospice Services
(AG2018/5067)

KARUNA HOSPICE SERVICES - NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Karuna Hospice Services - Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Karuna Hospice Services - Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Karuna Hospice Service Limited T/A Karuna Hospice Services. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and 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.

[6] The Agreement was approved on 7 February 2019 and, in accordance with s.54, will operate from 14 February 2019. The nominal expiry date of the Agreement is 28 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Karuna Hospice Service Limited T/A Karuna Hospice Services sought approval of their Enterprise Agreement with nurses under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the necessary criteria for approval. The legal issues at hand were whether the agreement contained the prescribed terms and conditions, was made in good faith, and was free from any improper conduct. The Commission examined whether the agreement's terms were consistent with the legislative requirements and if it was negotiated in a manner that satisfied the good faith obligations. Additionally, the Commission assessed whether there were any breaches of the unfair dismissal provisions in the Act.

In examining the agreement, the Commission found that it contained the required terms and conditions as stipulated by the Act. It was satisfied that the agreement had been negotiated in good faith and that there was no evidence of any improper conduct during the negotiation process. The Commission also determined that the agreement was free from any provisions that would render it unlawful or contrary to public policy. Furthermore, the Commission was satisfied that the agreement did not include any terms that would result in an unfair dismissal under the Act. The Commission concluded that the agreement met all the necessary criteria for approval.

Accordingly, the Commission approved the Karuna Hospice Services - Nurses Enterprise Agreement 2017, and it will now apply to the nurses employed by the Karuna Hospice Service Limited from 1 April 2017. The parties are bound by the terms and conditions set out in the agreement, and it will regulate their employment relationship until a new agreement is made or until it is terminated in accordance with the Act.

The Karuna Hospice Service Limited T/A Karuna Hospice Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established