Violet Town Bush Nursing Centre Incorporated Summary

[2016] FWCA 2607

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Violet Town Bush Nursing Centre Incorporated
(AG2016/2696)
VIOLET TOWN BUSH NURSING CENTRE INC NURSES
ENTERPRISE AGREEMENT 2016
Aged care industry
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2016

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

Agreement 2016.

[1] On 1 April 2016 Violet Town Bush Nursing Centre Incorporated (Applicant) made an

application for approval of the Violet Town Bush Nursing Centre Inc Nurses Enterprise

Agreement 2016 (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, has been met.

[4] The Australian Nursing and Midwifery Federation and the 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), the

Commission notes that the Agreement covers these organisations.
[2016] FWCA 2607

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will

operate from 3 May 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission approved the Violet Town Bush Nursing Centre Inc Nurses Enterprise Agreement 2016 (Agreement) on 26 April 2016. The Applicant, Violet Town Bush Nursing Centre Incorporated, applied for approval of the Agreement under section 185 of the Fair Work Act 2009. The Agreement was lodged within the required 14-day period after its creation. The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, the bargaining representatives for the Agreement, have notified their intention for the Agreement to cover them, as required by section 183 of the Act.

The Commission determined that the Agreement met all the necessary requirements under sections 186, 187, and 188 of the Act, relevant to the application for approval. The Commission approved the Agreement, which will operate from 3 May 2016, with a nominal expiry date of 1 January 2019, in accordance with section 54 of the Act. The Commission's decision to approve the Agreement was based on the fact that all necessary conditions were satisfied, and the Agreement was lodged within the stipulated timeframe.

The primary legal issue before the Commission was whether the Agreement met all the requirements under the Fair Work Act 2009 to be approved and if the Agreement was lodged within the necessary timeframe. The Commission considered the evidence and determined that the Agreement met all the requirements of the Act and was lodged within the required period.

The Fair Work Commission approved the Violet Town Bush Nursing Centre Inc Nurses Enterprise Agreement 2016, effective from 3 May 2016, and expiring on 1 January 2019. The Commission was satisfied that the Agreement met all the necessary requirements under the Fair Work Act 2009 and was lodged within the required timeframe. The Agreement was approved as it fulfilled the criteria set out in the Act, and the Commission found no issues with its content or submission process.

Violet Town Bush Nursing Centre Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established