DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Violet Town Bush Nursing Centre
(AG2019/1519)

VIOLET TOWN BUSH NURSING CENTRE INC ENTERPRISE AGREEMENT 2019

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JULY 2019

Application for approval of the Violet Town Bush Nursing Centre Inc Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Violet Town Bush Nursing Centre Inc Enterprise Agreement 2019 (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] 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 referred to above, 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 note that Clause 24(b)(i)(1), (d)(ii), (d)(iv), (e)(ii) and (e)(iii) are inconsistent with the National Employment Standards as the clauses provided additional content not otherwise prescribed by the NES. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services Union (HSU) and the Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Violet Town Bush Nursing Centre Inc, sought approval of its 2019 Enterprise Agreement from the Fair Work Commission. The application was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission if they are to be legally enforceable. The primary dispute centred on the terms of the proposed agreement, particularly those relating to employee wages and conditions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided a safety net for employees by ensuring that it did not provide for terms and conditions that were less favourable than the applicable awards or the applicable provisions of the National Employment Standards. Additionally, the Commission considered whether the agreement had been genuinely negotiated between the employer and the employees or their representatives.

In rendering its decision, the Fair Work Commission examined the provisions of the proposed agreement in detail. It concluded that the agreement did not provide for terms and conditions that were less favourable than the applicable awards or the National Employment Standards, thus meeting the safety net requirement. The Commission also found that the agreement had been genuinely negotiated and reflected the parties' intentions. Consequently, the Commission approved the Enterprise Agreement, finding it to be in compliance with the legislative requirements.

The final order of the Commission was to approve the Violet Town Bush Nursing Centre Inc Enterprise Agreement 2019, making it a legally binding and enforceable agreement between the employer and the employees. This decision ensures that the terms of the agreement are upheld, providing a stable framework for the employment relationship moving forward.

Violet Town Bush Nursing Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established