The State of Victoria, represented by and acting through the Department of Education and Early Childhood Development

[2013] FWCA 2362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The State of Victoria, represented by and acting through the Department of Education and Early Childhood Development
(AG2013/4981)

NURSES (DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT) AGREEMENT 2012

Educational services
VICE PRESIDENT LAWLER	MELBOURNE, 17 APRIL 2013

Application for the approval of the Nurses (Department of Education and Early Childhood Development) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Nurses (Department of Education and Early Childhood Development) Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the State of Victoria, represented by and acting through the Department of Education and Early Childhood Development. The Agreement is a single-enterprise agreement.

[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 Australian Nursing Federation (Victoria Branch) and the Community and Public Sector Union (Victoria Branch) 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 24 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The State of Victoria, represented by and acting through the Department of Education and Early Childhood Development, applied to the Fair Work Commission for the approval of the Nurses (Department of Education and Early Childhood Development) Agreement 2012. The application was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission before they can be registered. The dispute centred on the terms of the agreement, specifically concerning the classification, remuneration, and conditions of employment for nurses employed by the Department.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This involved determining if the agreement met the criteria for "single-interest" enterprise agreements, including whether it was a "genuine" agreement, whether it covered a single-interest enterprise, and whether it met the "better off overall test". The Commission also had to consider whether the agreement provided for procedural fairness in its negotiation and whether it complied with the provisions of the Act regarding pay equity and other minimum standards.

The Fair Work Commission found that the agreement was a genuine single-interest enterprise agreement. The Commission concluded that the agreement covered a single-interest enterprise, as it was limited to nurses employed by the Department. The Commission also determined that the agreement satisfied the better off overall test, meaning that the overall benefits to the employees outweighed any detriments. The Commission noted that the agreement provided for adequate procedural fairness during its negotiation and that it met all statutory minimum standards, including pay equity. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable.

The final orders of the Commission included the approval of the Nurses (Department of Education and Early Childhood Development) Agreement 2012, which was to be registered under the Fair Work Act. The Commission directed that the agreement would come into effect on the date of the approval and would remain in force until such time as it was replaced or terminated in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established