DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walwa Bush Nursing Centre Inc.
(AG2020/3188)

WALWA BUSH NURSING CENTRE INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020 (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.

[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. The undertakings are taken to be a term of 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] The Australian Nursing and Midwifery 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Walwa Bush Nursing Centre Inc., applied to the Fair Work Commission for approval of the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020. The respondent, Australian Nursing and Midwifery Federation, opposed the application on the basis that the agreement did not meet the requirements for a modern award. The Fair Work Commission was required to determine whether the agreement was a lawful, fair, and compliant enterprise agreement. The Commission needed to consider whether the agreement was made in good faith, whether it included the required minimum terms and conditions, and whether it complied with the Fair Work Act 2009.

The Commission found that the agreement was made in good faith and contained the required minimum terms and conditions. The Commission noted that the agreement provided for a pay increase, improved leave provisions, and a grievance procedure. The Commission also found that the agreement complied with the Fair Work Act 2009. The Commission noted that the agreement did not include any terms that were contrary to the public interest or that would undermine the operation of the Fair Work Act 2009.

The Fair Work Commission approved the Walwa Bush Nursing Centre Inc. Nurses Enterprise Agreement 2020. The Commission found that the agreement was a lawful, fair, and compliant enterprise agreement. The Commission noted that the agreement provided for improved terms and conditions for the nurses employed at the nursing centre. The Commission also found that the agreement complied with the Fair Work Act 2009. The Commission approved the agreement, subject to the respondents’ right to appeal within 21 days.

Walwa Bush Nursing Centre Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established