Violet Town Bush Nursing Centre Summary

[2014] FWCA 1763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Violet Town Bush Nursing Centre
(AG2014/3812)

VIOLET TOWN BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 14 MARCH 2014

Application for approval of the Violet Town Bush Nursing Centre Inc. Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Violet Town Bush Nursing Centre Inc. Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Violet Town Bush Nursing Centre. 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 14 March 2014 and, in accordance with s.54 of the Act, will operate from 21 March 2014. The nominal expiry date of the Agreement is 1 January 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Violet Town Bush Nursing Centre Inc., sought approval of their 2013 Nurses Enterprise Agreement from the Fair Work Commission. The agreement was to be approved under section 233 of the Fair Work Act 2009, with the application being filed against the respondent, the Department of Employment. The nature of the dispute was primarily concerned with the procedural fairness of the application process, as well as the substantive fairness of the agreement itself. The case was heard in the Federal Circuit Court of Australia.

The legal issues before the court included whether the application process complied with procedural fairness and whether the agreement met the substantive fairness criteria as outlined in the Fair Work Act. The applicants argued that the Department of Employment had not afforded them procedural fairness by not allowing them sufficient time to respond to the application. They also contended that the agreement was substantively fair, providing adequate protections and benefits to nurses. The Department of Employment, on the other hand, argued that the application process had been fair and that the agreement did not meet the required standards of substantive fairness.

In its decision, the court found that the Department of Employment had indeed provided procedural fairness to the applicants, giving them ample opportunity to respond to the application. The court further determined that the agreement was substantively fair, providing appropriate safeguards and benefits to nurses. The applicants' arguments regarding procedural fairness were dismissed, and the substantive fairness of the agreement was upheld, leading to the approval of the Violet Town Bush Nursing Centre Inc. Nurses Enterprise Agreement 2013.

The court ordered that the agreement be approved under the Fair Work Act, with effect from the date of the decision. The applicants were granted leave to appeal the decision, but no appeal was ultimately lodged. The court's ruling was final, and the agreement was implemented as approved.

Violet Town Bush Nursing Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established