The Trustee for The Salvation Army (Tasmania) Social Work T/A The Salvation Army

[2024] FWCA 3475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for The Salvation Army (Tasmania) Social Work T/A The Salvation Army

(AG2024/3285)

THE SALVATION ARMY BARRINGTON LODGE NURSES AGREEMENT 2023

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 OCTOBER 2024

Application for approval of The Salvation Army Barrington Lodge Nurses Agreement 2023

An application has been made for approval of an enterprise agreement known as The Salvation Army Barrington Lodge Nurses Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Trustee for The Salvation Army (Tasmania) Social Work T/A The Salvation Army (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Nursing and Midwifery Federation and Health Services Union being bargaining representatives for the Agreement have each given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 October 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Trustee for The Salvation Army (Tasmania) Social Work, trading as The Salvation Army, applied to the Fair Work Commission for approval of the Barrington Lodge Nurses Agreement 2023. The dispute centred on the terms and conditions for nurses working at Barrington Lodge, a facility operated by The Salvation Army. The Fair Work Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and provided for fair and equitable terms and conditions for the employees involved.

The primary legal issue the Commission addressed was whether the proposed agreement adequately met the statutory requirements for approval under the Fair Work Act. This included assessing if the agreement provided for minimum terms and conditions, ensured procedural fairness, and maintained a balance between the rights and obligations of the employer and the employees. The Commission also considered whether the agreement provided for appropriate consultation processes and if it addressed the needs and interests of the employees fairly.

In its decision, the Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement provided for minimum terms and conditions in line with the Fair Work Act, included procedural fairness provisions, and balanced the rights and obligations of both parties. The Commission further concluded that the agreement allowed for adequate consultation processes and effectively addressed the needs and interests of the nurses. Consequently, the Commission approved the Barrington Lodge Nurses Agreement 2023, deeming it compliant with the statutory requirements.

The Commission's final order was that the Barrington Lodge Nurses Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved, providing a framework for the employment relationship between The Salvation Army and the nurses at Barrington Lodge.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established