DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vasey RSL Care Ltd T/A Vasey RSL Care Limited
(AG2019/624)

VASEY RSL CARE LTD NURSES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 26 JUNE 2019

Agreement 2018 Application for approval of the Vasey RSL Care Ltd Nurses Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vasey RSL Care Ltd Nurses Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Vasey RSL Care Ltd T/A Vasey RSL Care Limited (Employer). 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, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 24(c) of the Agreement, which expresses the entitlement to personal/carer’s leave in hours; and

• Clause 24(e)(v) of the Agreement, which states that in normal circumstances, an employee must not take carer’s leave where another person has taken leave to care for the same person.

[5] The Australian Nursing and Midwifery Federation, and Health Services Union of Australia, 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), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Vasey RSL Care Ltd, seeking approval of the Vasey RSL Care Limited Nurses Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for nurses under the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The application focused on whether the agreement was certified as "bargained fairly" and whether it adhered to the relevant legislative provisions. The Commission had to consider the process by which the agreement was negotiated and whether it met the standards of good faith bargaining.

The Commission found that the agreement was certified as "bargained fairly" and had been negotiated in good faith. It assessed the procedural fairness of the bargaining process, the content of the agreement, and its compliance with the statutory requirements. The agreement contained terms and conditions that were considered reasonable and necessary for the efficient operation of the workplace. The Commission concluded that the agreement met all necessary criteria for approval and was in the best interest of the employees and the employer.

As a result, the Fair Work Commission approved the Vasey RSL Care Limited Nurses Enterprise Agreement 2019. The agreement now serves as the governing document for the employment terms and conditions of nurses employed by Vasey RSL Care Ltd, effective from the date of approval.

Vasey RSL Care Ltd T/A Vasey RSL Care Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established