DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Mary Ogilvy Homes Society
(AG2016/5131)

MARY OGILVY HOMES SOCIETY NURSING & NON-NURSING STAFF AGREEMENT 2016

Tasmania
COMMISSIONER JOHNS	SYDNEY, 11 OCTOBER 2016

Application for approval of the Mary Ogilvy Homes Society Nursing & Non-Nursing Staff Agreement 2016.

[1] On 19 August 2016 The Mary Ogilvy Homes Society (Applicant) made an application for approval of the Mary Ogilvy Homes Society Nursing & Non-Nursing Staff 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 Health Services Union of Australia, 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 this organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mary Ogilvy Homes Society applied to the Fair Work Commission for the approval of the Mary Ogilvy Homes Society Nursing & Non-Nursing Staff Agreement 2016. The application was brought pursuant to section 231 of the Fair Work Act 2009. The dispute involved the classification of nursing staff under the award and the applicability of the agreement to non-nursing staff. The Commission was required to determine whether the agreement complied with the legislative requirements for its approval.

The Commission found that the agreement did not properly classify nursing staff as required by the Act. The agreement did not include specific provisions for registered nurses, enrolled nurses, and assistant nurses in training, as mandated by the Fair Work Act. Additionally, the Commission was concerned that the agreement did not explicitly cover non-nursing staff, which could lead to unfair treatment of these employees. The Commission held that for an agreement to be approved, it must comply with all legislative requirements, including proper classification of employees and explicit coverage of all relevant staff.

Given these findings, the Commission refused to approve the agreement. The decision emphasised the importance of accurately classifying nursing staff and ensuring that all employees are explicitly covered by the agreement. The Commission's decision underscored the necessity for clear and comprehensive agreements that meet all legislative requirements to ensure fair treatment and compliance with the law.

No orders were made by the Commission as the application was dismissed.

The Mary Ogilvy Homes Society

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established