Walwa Bush Nursing Centre Inc. Summary

[2018] FWCA 7272

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Walwa Bush Nursing Centre Inc.

(AG2018/3678)

Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018

Health and welfare services
Commissioner McKinnon	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walwa Bush Nursing Centre Inc. The Agreement is a single enterprise agreement.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Walwa Bush Nursing Centre Inc., the Fair Work Commission was called upon to decide on the approval of the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018. The dispute centred around the provisions of the proposed agreement, which was negotiated between the nursing centre and the relevant union, aiming to govern the terms and conditions of employment for the nursing staff. The Fair Work Commission's task was to assess whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, ensuring it provided for a fair and efficient workplace.

The primary legal issues that the Commission addressed were whether the agreement contained appropriate provisions for minimum rates of pay, overtime, penalty rates, shift loadings, and other conditions of employment that adhered to the statutory requirements. Furthermore, the Commission had to determine if the agreement provided for a safety net of minimum terms and conditions that would apply if an employee's role was not specifically covered by the agreement. Additionally, the Commission needed to ascertain whether the agreement facilitated the efficient operation of the nursing centre, including flexibility and productivity provisions that were reasonable and necessary.

The Fair Work Commission concluded that the agreement was compliant with the legislative requirements and thus approved it. The Commission found that the agreement provided for appropriate minimum rates of pay, overtime, penalty rates, and shift loadings. It also deemed the agreement to have established a safety net of minimum terms and conditions. Furthermore, the Commission determined that the agreement contained provisions that allowed for the efficient operation of the nursing centre, including measures for flexibility and productivity that were considered reasonable and necessary. The Commission was satisfied that the agreement was in the best interests of the employees and the nursing centre, and that it facilitated a fair and efficient workplace.

The Fair Work Commission approved the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2018, with the approval to take effect from the date of the decision. The Commission's approval is subject to the agreement being registered with the Fair Work Commission. The decision confirms that the agreement provides for appropriate terms and conditions of employment and facilitates a fair and efficient workplace.

Walwa Bush Nursing Centre Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established