DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Salvation Army Tasmania Property Trust as Trustee for the Salvation Army Tasmania Social Work T/A The Salvation Army Tasmania Division
(AG2017/411)

THE SALVATION ARMY - TASMANIA DIVISION, BARRINGTON LODGE NURSES AGREEMENT 2016

Tasmania
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2017

Application for approval of The Salvation Army - Tasmania Division, Barrington Lodge Nurses Agreement 2016.

[1] On 14 February 2017 The Salvation Army Tasmania Property Trust as Trustee for The Salvation Army Tasmania Social Work T/A as The Salvation Army Tasmania Division (Applicant) made an application for approval of The Salvation Army – Tasmania Division, Barrington Lodge Nurses Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation and the Health Services Union were provided with a copy of the undertakings and the Health Services Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Australian Nursing and Midwifery Federation and the Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by The Salvation Army Tasmania Property Trust as Trustee for the Salvation Army Tasmania Social Work, trading as The Salvation Army Tasmania Division, for approval of the Barrington Lodge Nurses Agreement 2016. The applicants sought to have the agreement approved under the Fair Work Act 2009 to ensure the terms and conditions of employment for nurses at Barrington Lodge were legally compliant and appropriately regulated.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. This included assessing whether the agreement provided for minimum terms and conditions, and whether the process by which the agreement was made was fair and appropriate. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the proposed agreement was fair and appropriate, meeting all statutory requirements. The Commission noted that the agreement provided for minimum terms and conditions consistent with those prescribed by the Act and regulations. Furthermore, the process by which the agreement was made was deemed fair, with adequate consultation between the parties. The Commission also concluded that the agreement struck a fair balance between the interests of the employer and the employees, taking into account the specific circumstances of the workplace.

As a result of these findings, the Commission approved the Barrington Lodge Nurses Agreement 2016. This decision ensures that the terms and conditions of employment for nurses at Barrington Lodge are legally compliant and appropriately regulated, providing a fair framework for both the employer and the employees.

The Salvation Army Tasmania Property Trust as Trustee for the Salvation Army Tasmania Social Work T/A The Salvation Army Tasmania Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established