DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work
(AG2020/1262)

THE SALVATION ARMY - TASMANIA DIVISION, BARRINGTON LODGE NURSES AGREEMENT 2019

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 10 JUNE 2020

Application for approval of The Salvation Army - Tasmania Division, Barrington Lodge Nurses Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Salvation Army - Tasmania Division, Barrington Lodge Nurses Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Salvation Army (Tasmania) Property Trust as Trustee for the Salvation Army (TAS) Social Work sought approval of the Barrington Lodge Nurses Agreement 2019 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for nurses at Barrington Lodge, a facility run by the Trust. The Trust argued that the proposed agreement was fair and reasonable, while the Australian Nursing and Midwifery Federation opposed it, claiming it was deficient in several areas.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The Commission also considered whether the agreement adequately addressed the interests of the nurses, including their entitlements, working conditions, and dispute resolution mechanisms.

In delivering its decision, the Commission meticulously reviewed the terms of the agreement and the submissions from both parties. It examined whether the agreement provided for adequate pay and conditions, including minimum wage rates, penalty rates, leave provisions, and other employment entitlements. The Commission also assessed whether the agreement contained provisions for a fair and effective dispute resolution process. After careful consideration, the Commission found that the agreement met the necessary criteria and was fair and reasonable. Consequently, the Commission approved the Barrington Lodge Nurses Agreement 2019.

The final orders of the Commission included the approval of the Barrington Lodge Nurses Agreement 2019, effective from the date of the decision. The approved agreement will govern the employment terms and conditions of nurses at Barrington Lodge, ensuring compliance with the Fair Work Act 2009. The decision underscores the importance of reaching agreements that balance the interests of both employers and employees while adhering to the statutory requirements for fairness and reasonableness.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established