Walwa Bush Nursing Centre Inc

[2013] FWCA 394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walwa Bush Nursing Centre Inc
(AG2012/14505)

WALWA BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2012.

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2013

Application for approval of the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Walwa Bush Nursing Centre Inc. 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 Federation, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012. The applicant was the Walwa Bush Nursing Centre Inc., and the respondents were the Registered Organisations of Nurses, the Australian Nursing and Midwifery Federation, and the Registered Nurses’ Union of Queensland. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission, presided over by Deputy President J. A. R. Lee, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues that arose for the Commission's determination included whether the agreement was a "good faith" agreement, as required by section 229 of the Act. Additionally, the Commission had to assess whether the agreement was a "single interest employer agreement" and whether it complied with the "in writing" requirement of section 176 of the Act. The Commission also needed to consider if the agreement met the "no inappropriate delegation" requirement of section 230 of the Act and if it complied with the "no inappropriate terms" requirement of section 232 of the Act.

In its decision, the Commission determined that the agreement was a good faith agreement and that it complied with the "in writing" requirement. The Commission found that the agreement was a single interest employer agreement and that it did not involve any inappropriate delegation or terms. The Commission concluded that the agreement met all the statutory requirements for approval and was satisfied that it would provide appropriate safeguards for the employees' interests. Consequently, the Commission approved the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established