The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre Summary

[2013] FWCA 3762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre
(AG2013/6662)

THE FORREST CENTRE AND THE NEW SOUTH WALES NURSES MIDWIVES’ ASSOCIATION/ANF NSW BRANCH NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 JUNE 2013

Application for approval of The Forrest Centre and the New South Wales Nurses and Midwives’ Association/ANF NSW Branch Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Forrest Centre and the New South Wales Nurses and Midwives’ Association/ANF NSW Branch Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre. 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 New South Wales Midwives’ Association and Australian Nursing Federation - New South Wales Branch, 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 was approved on 12 June 2013 and, in accordance with s.54, will operate from 19 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd, trading as The Forrest Centre, and the New South Wales Nurses and Midwives’ Association/ANF NSW Branch. The dispute centred on the application for approval of the New South Wales Nurses and Midwives’ Association/ANF NSW Branch Nurses Enterprise Agreement 2013, which was proposed to apply to the employees of The Forrest Centre. The matter was heard by the Industrial Relations Commission of New South Wales.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the relevant industrial relations legislation. This involved examining whether the agreement contained all the necessary terms and conditions, and whether it had been negotiated in good faith. The court also needed to consider whether the agreement was in the best interests of the employees and the broader community.

The court found that the proposed enterprise agreement was largely compliant with the relevant legislation. It determined that the agreement had been negotiated in good faith and contained all the necessary terms and conditions. The court also concluded that the agreement was in the best interests of the employees and the broader community, particularly in terms of ensuring fair and reasonable working conditions. Based on these findings, the court approved the application for the agreement's approval.

As a result of the court's decision, the New South Wales Nurses and Midwives’ Association/ANF NSW Branch Nurses Enterprise Agreement 2013 was approved and will apply to the employees of The Forrest Centre. This decision ensures that the employees of The Forrest Centre will benefit from the terms and conditions outlined in the enterprise agreement, which aims to provide fair and reasonable working conditions.

The Mary Potter Nursing Home and The Ethel Forrest Day Care Centre Pty Ltd T/A The Forrest Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established