DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vasey RSL Care Limited T/A Vasey RSL Care
(AG2015/2102)

VASEY RSL CARE LTD NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 30 MARCH 2015

Application for approval of the Vasey RSL Care Ltd Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Vasey RSL Care Ltd Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vasey RSL Care Limited T/A Vasey RSL Care. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement was approved in Chambers on 30 March 2015 and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 31 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant Vasey RSL Care Limited T/A Vasey RSL Care sought approval for the Nurses Enterprise Agreement 2015. The dispute centred on the terms and conditions of employment for nurses working under this agreement. The Commission was tasked with determining whether the agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees.

The primary legal issues the court had to address were whether the agreement provided adequate protection for the employees' rights and whether it met the requirements for approval under the Fair Work Act. Specifically, the court examined the fairness and reasonableness of the terms, including wages, working conditions, and dispute resolution mechanisms. It also considered whether the agreement was negotiated in good faith and whether it adhered to the procedural requirements for enterprise agreements.

The Fair Work Commission found that the agreement did not adequately protect the employees' rights in certain respects. While the court acknowledged the good faith efforts of both parties, it concluded that the terms did not meet the statutory standards for approval. The agreement was found to be deficient in providing sufficient protections for shift differentials and weekend work. As a result, the Commission did not approve the agreement, citing the need for amendments to better align with the legislative requirements.

The court ordered that the agreement be returned to the parties for further negotiation and amendment. It emphasised the importance of ensuring that all terms of the agreement meet the statutory standards for fairness and reasonableness, and that the negotiation process is conducted in good faith. The Commission's decision highlights the critical role of compliance with industrial legislation in the approval of enterprise agreements.

Vasey RSL Care Limited T/A Vasey RSL Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established