The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work Summary

[2013] FWCA 5571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work
(AG2013/7535)

THE SALVATION ARMY - BARRINGTON LODGE, NURSES AGREEMENT 2013

Tasmania
COMMISSIONER LEE	HOBART, 9 AUGUST 2013

Application for approval of the Salvation Army Barrington Lodge Nurses Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Salvation Army Barrington Lodge Nurses Agreement 2013 (the Agreement). The application was made by The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 16 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work sought approval from the Fair Work Commission of an enterprise agreement. The application was opposed by the Tasmanian Branch of the Health Services Union of Australia (HSU). The dispute centred around the provisions of the Salvation Army Barrington Lodge Nurses Agreement 2013, specifically those related to remuneration and classification of nursing staff employed at the Barrington Lodge, a residential aged care facility. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement was "better off overall" for the employees covered by it, and whether it complied with the good faith bargaining provisions under the Fair Work Act. The Commission also had to consider whether the agreement provided for a proper balance between the interests of the employees and the operational needs of the employer. The HSU argued that the agreement did not adequately protect the rights and interests of the nurses, particularly in relation to pay rates and conditions.

The Commission found that the agreement provided for a fair and reasonable balance between the parties' interests. It concluded that the agreement was "better off overall" for the employees, considering factors such as increased wages, improved conditions, and better job security. The Commission noted that the agreement included provisions for professional development, access to training, and enhanced career progression opportunities. The Commission also found that the bargaining process was conducted in good faith, and that the agreement complied with the relevant provisions of the Fair Work Act. As a result, the Commission approved the Salvation Army Barrington Lodge Nurses Agreement 2013.

The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established