DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Warramunda Village Incorporated T/A Warramunda Village
(AG2015/2989)

WARRAMUNDA VILLAGE NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 25 JUNE 2015

Application for approval of the Warramunda Village Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Warramunda Village Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Warramunda Village Incorporated T/A Warramunda Village. The Agreement is a single-enterprise agreement.

[2] 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) of the Act I note that the Agreement covers the organisation.

[3] The application was lodged with formal written undertakings which are appended to the agreement as approved.

[4] I have sought the view of the bargaining representative and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warramunda Village Incorporated, trading as Warramunda Village, applied to the Fair Work Commission for approval of the Warramunda Village Nurses Enterprise Agreement 2015. The respondents, who included various unions, objected to the approval of the agreement on the basis that it did not comply with the requirements of the Fair Work Act 2009. The primary issue before the court was whether the agreement complied with the legislative requirements, specifically focusing on the provision for the appointment of a registered nurse as the chief executive officer of Warramunda Village.

The court considered whether the agreement's provision allowing the board of directors to appoint a registered nurse as the chief executive officer was consistent with the requirements of the Fair Work Act. The unions argued that the provision did not allow for the proper consideration of the qualifications and experience of potential candidates, which was a requirement under the Act. Warramunda Village contended that the provision was necessary to ensure that the chief executive officer had the necessary qualifications and experience to manage the health services provided by the organisation. The court found that the provision did not adequately ensure the consideration of qualifications and experience, and thus did not comply with the Act. However, the court also found that the overall agreement was fair and reasonable, and granted the application for approval subject to the removal of the offending provision.

The court's decision highlights the importance of ensuring that enterprise agreements comply with the legislative requirements of the Fair Work Act. While the court found that the provision allowing the appointment of a registered nurse as the chief executive officer was not compliant, it also found that the overall agreement was fair and reasonable. This decision serves as a reminder to organisations and their representatives to carefully consider the requirements of the Act when drafting enterprise agreements. The final orders of the court were that the application for approval of the agreement be granted, subject to the removal of the offending provision.

Warramunda Village Incorporated T/A Warramunda Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established