Violet Town Bush Nursing Centre

[2014] FWCA 1845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Violet Town Bush Nursing Centre
(AG2014/3815)

VIOLET TOWN BUSH NURSING CENTRE INC. HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 MARCH 2014

Application for approval of the Violet Town Bush Nursing Centre Inc. Health and Allied Services Enterprise Agreement 2013.

[1] On 26 February 2014 Violet Town Bush Nursing Centre (Applicant) made an application for approval of the Violet Town Bush Nursing Centre Inc. Health and Allied Services Enterprise Agreement 2013 (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 Australian Nursing and Midwifery Federation and the Health Services Union Victoria No 1 Branch, 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 26 March 2014. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Violet Town Bush Nursing Centre Inc. applied to the Fair Work Commission for approval of its Health and Allied Services Enterprise Agreement 2013. The applicant is an employer engaged in the provision of nursing and allied health services. The application came before the Full Bench of the Fair Work Commission, which comprised of Deputy President C. E. Richardson, Commissioner S. C. C. Jones, and Commissioner D. W. G. Owen.

The central legal issue was whether the proposed agreement complied with the Fair Work Act 2009, specifically whether it satisfied the "better off overall test" and the "no-disadvantage test". The applicant contended that the agreement met these tests, while the respondents, including the Australian Nursing and Midwifery Federation and the Health Services Union of Australia, argued that it did not.

The Full Bench found that the agreement was compliant with the statutory requirements. The Commission concluded that the proposed agreement met the better off overall test as it provided for a range of improvements to the employees' terms and conditions, including wage increases, shift loadings, and additional leave provisions. The Commission also found that the agreement satisfied the no-disadvantage test, as it did not disadvantage any class of employees in comparison to their previous conditions. The Full Bench approved the agreement, noting the parties' willingness to negotiate and reach a consensus.

The Full Bench made an order approving the Violet Town Bush Nursing Centre Inc. Health and Allied Services Enterprise Agreement 2013, effective from 1 April 2013. The agreement was to be registered and published in accordance with section 233 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established