DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting Church Homes T/A Juniper
(AG2018/4908)

JUNIPER REGISTERED NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 MARCH 2019

Application for approval of the Juniper Registered Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Juniper Registered Nurses Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting Church Homes T/A Juniper. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 March 2019 and, in accordance with s.54, will operate from 21 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uniting Church Homes T/A Juniper was the subject of an application for the approval of the Juniper Registered Nurses Enterprise Agreement 2018, which was heard by the Fair Work Commission. The application was brought by the Australian Nursing and Midwifery Federation, which sought approval of the agreement that had been negotiated with the employer. The dispute involved the terms and conditions of employment for registered nurses within the organisation, focusing on issues such as wages, hours of work, leave provisions, and other employment-related matters.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and reasonable method of determining wages and conditions, and whether it complied with the "better off overall test" – that is, whether the agreement was more beneficial to the employees than the applicable award or registered agreement. The Commission also had to consider whether the agreement was free from any impermissible content that would render it non-compliant.

In delivering its decision, the Commission found that the agreement satisfied the necessary statutory criteria. The Commission noted that the agreement provided a fair and reasonable method of determining wages and conditions, and it met the better off overall test, providing nurses with better terms and conditions than those stipulated in the relevant award. The Commission also confirmed that the agreement was free from any impermissible content and thus compliant with the legislative requirements. Consequently, the Commission approved the Juniper Registered Nurses Enterprise Agreement 2018.

The Fair Work Commission approved the Juniper Registered Nurses Enterprise Agreement 2018, finding it to be compliant with the statutory requirements of the Fair Work Act 2009. The agreement was deemed to provide a fair and reasonable method of determining wages and conditions, and it met the better off overall test. The Commission determined that the agreement was free from impermissible content and thus fit for approval. This decision marked the formal acceptance of the agreement, which would now govern the terms and conditions of employment for registered nurses at Uniting Church Homes T/A Juniper.

Uniting Church Homes T/A Juniper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established