DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warramunda Village Incorporated T/A Warramunda Village
(AG2018/6352)

WARRAMUNDA VILLAGE NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 28 JUNE 2019

Application for approval of the Warramunda Village Nurses Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Warramunda Village Nurses Enterprise Agreement 2018 (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.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 5 July 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warramunda Village Incorporated T/A Warramunda Village applied for the approval of the Warramunda Village Nurses Enterprise Agreement 2018. The application was made before the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the Act. Specifically, the Commission needed to determine if the agreement provided for the fair and reasonable terms of employment for the nurses, including their pay and conditions, and whether it was in line with the principles of the Act, including those related to the promotion of harmonious, productive and cooperative workplace relations.

The Commission examined the provisions of the enterprise agreement and considered the submissions from both the applicant and the other party. It assessed whether the agreement provided for appropriate pay rates and conditions for the nurses, taking into account the principles of the Fair Work Act. The Commission also considered whether the agreement facilitated harmonious, productive and cooperative workplace relations, as required by the Act. After thorough analysis, the Commission concluded that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. The agreement was found to provide for appropriate terms and conditions for the nurses and promoted the desired workplace relations.

As a result, the Fair Work Commission approved the Warramunda Village Nurses Enterprise Agreement 2018. This decision ensures that the agreement is legally binding and enforceable, providing certainty and stability for the nurses and the employer in their employment relationship. The approval of the enterprise agreement allows for the continued operation of the Warramunda Village Nurses Enterprise Agreement 2018, subject to any modifications or variations that may be required in the future.

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