DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Bondi Waters Trust T/A Advantaged Care at Bondi Waters
(AG2016/299)

ADVANTAGED CARE AT BONDI WATERS CLINICAL STAFF ENTERPRISE AGREEMENT 2016-2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 2 MARCH 2016

Application for approval of the Advantaged Care at Bondi Waters Clinical Staff Enterprise Agreement 2016-2018.

[1] On 16 February 2016 The Trustee for the Bondi Waters Trust T/A Advantaged Care at Bondi Waters (Applicant) made an application for approval of the Advantaged Care at Bondi Waters Clinical Staff Enterprise Agreement 2016-2018 (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 Commission is 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.

[4] The New South Wales Nurses and Midwives’ Association 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 9 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418038 PR577525

CaseChat Overview and Summary

The trustee for the Bondi Waters Trust applied to the Fair Work Commission for approval of the Advantaged Care at Bondi Waters Clinical Staff Enterprise Agreement 2016-2018. The application was opposed by the New South Wales Nurses and Midwives’ Association. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the classification and remuneration of nursing staff within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and if it adhered to the principles of good faith bargaining and procedural fairness.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, if it complied with the procedural requirements outlined in the Fair Work Act, and if it contained terms that were procedurally fair and in good faith. The opposition argued that the agreement failed to accurately classify nursing staff and that it did not reflect the outcome of genuine bargaining efforts. The Commission had to assess the evidence presented and decide if the agreement was fair and reasonable in all its terms.

In its decision, the Fair Work Commission examined the evidence regarding the classification and remuneration of nursing staff, the process of bargaining, and the adherence to procedural fairness. The Commission found that the agreement was indeed a genuine enterprise agreement and that it was procedurally sound. The Commission determined that the classification and remuneration terms were fair and reasonable, considering the specific circumstances of the enterprise. The Commission concluded that the agreement did not disadvantage any party and was in compliance with all legal requirements.

The Commission approved the Advantaged Care at Bondi Waters Clinical Staff Enterprise Agreement 2016-2018. The approval was effective from the date of the decision and was to be published in accordance with the Fair Work Act. The Commission's decision ensured that the agreement would govern the terms and conditions of employment for the relevant staff, providing certainty and stability in the workplace.

The Trustee for the Bondi Waters Trust T/A Advantaged Care at Bondi Waters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established