DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Queen Victoria Home Inc
(AG2016/2491)

THE QUEEN VICTORIA HOME INC. NON NURSING ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of The Queen Victoria Home Inc. Non Nursing Enterprise Agreement 2015

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

[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 it wants 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 27 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by The Queen Victoria Home Inc for the approval of a Non-Nursing Enterprise Agreement 2015. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant, The Queen Victoria Home Inc, sought to establish terms and conditions for non-nursing staff, including provisions for wages, leave, and dispute resolution.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms, and if it complied with the good faith bargaining requirement. The Commission also needed to consider whether the agreement satisfied the public interest test, including its impact on the broader community and the preservation of the applicant's charitable purpose.

In its decision, the Commission found that the agreement was genuinely negotiated and contained all the required minimum terms. The Commission also concluded that the agreement was in good faith and met the public interest test. It was determined that the agreement would not undermine the applicant's charitable purpose and would ensure fair and reasonable terms for the employees. Consequently, the Commission approved the Non-Nursing Enterprise Agreement 2015.

The Fair Work Commission approved the Non-Nursing Enterprise Agreement 2015, finding it to be genuinely negotiated, to contain all necessary minimum terms, and to be in good faith. The agreement was also found to meet the public interest test and not undermine the applicant's charitable purpose.

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