DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged
(AG2016/5949)

PINE LODGE - NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Pine Lodge - Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pine Lodge - Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged. 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. 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.

[3] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees 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 the organisations.

[4] The Agreement was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged, an entity responsible for the management of a home for the aged, applied for approval of the Pine Lodge - Nurses Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, with the applicant being represented by Mr. D.E. Williams, SC and the respondent, the Health Services Union of Australia, by Ms. A.A. Williams. The application was brought under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement to ensure it was not contrary to the public interest.

The primary legal issue before the Commission was whether the terms of the agreement were consistent with the provisions of the Fair Work Act, specifically whether the agreement was fair and reasonable in all its terms. This involved examining the agreement's provisions concerning wages, conditions, dispute resolution mechanisms, and other related matters to determine if they complied with the Act. The Commission also had to consider the potential impact of the agreement on the employees, the employer, and the broader community, including any implications for the public interest.

The Commission found that the agreement was fair and reasonable in all its terms. The applicant provided evidence demonstrating that the agreement was the result of good faith bargaining between the parties, and the terms were not contrary to the public interest. The Commission noted that the agreement provided for fair wages and conditions, included provisions for dispute resolution, and did not impose any undue burdens on the employer or the public. The agreement was deemed to be in the best interests of the employees, the employer, and the broader community, as it facilitated a harmonious workplace and ensured the provision of quality care to the residents of Pine Lodge. The Commission approved the agreement, ensuring its compliance with the Fair Work Act and the public interest.

The final orders of the Commission were that the Pine Lodge - Nurses Enterprise Agreement 2016 be approved as a registered agreement under section 177 of the Fair Work Act. The agreement would be registered from the date of the Commission's decision and would remain in effect until it was superseded by a new agreement or terminated in accordance with the Fair Work Act. The approval of the agreement ensures that the employees of Pine Lodge are covered by a fair and reasonable enterprise agreement, providing them with the protections and benefits outlined in the agreement.

The Russian Benevolent Association for Homes for the Aged T/A Pine Lodge Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established