DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Queen Victoria Home Inc
(AG2016/524)

QUEEN VICTORIA HOME NURSING ENTERPRISE AGREEMENT 2015 - 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2016

Application for approval of the Queen Victoria Home Nursing Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Home Nursing Enterprise Agreement 2015 - 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 Queen Victoria Home Inc. 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] 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.

[4] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Queen Victoria Home Inc applied to the Fair Work Commission for approval of the Queen Victoria Home Nursing Enterprise Agreement 2015 - 2017. The primary concern was whether the agreement was in the best interests of the employees covered by it, and if it complied with the relevant legislative framework. The Commission was required to consider the fairness and reasonableness of the terms of the agreement, as well as whether it met the statutory criteria for approval. The key issues included whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the requirements of the Fair Work Act 2009.

The Commission examined the evidence presented by both parties, including submissions from the employer and the union, as well as the views of the employees. The Commission found that the agreement was fair and reasonable, and met the statutory criteria for approval. It was noted that the agreement provided for a fair and reasonable level of remuneration and conditions for the employees, and that the process by which it was negotiated and agreed upon was transparent and inclusive. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it be in writing and contain certain prescribed details.

Based on the evidence and submissions presented, the Commission approved the Queen Victoria Home Nursing Enterprise Agreement 2015 - 2017. It was determined that the agreement was in the best interests of the employees, and that it complied with the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it met the criteria for approval under the Fair Work Act 2009. The agreement was therefore approved and will come into effect on the date specified in the agreement.

The Queen Victoria Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established