Woomelang and District Bush Nursing Centre Inc

[2013] FWCA 563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woomelang and District Bush Nursing Centre Inc
(AG2012/14537)

WOOMELANG AND DISTRICT BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2013

Application for approval of the Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Woomelang and District Bush Nursing Centre 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 Woomelang and District 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 1 February 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Woomelang and District Bush Nursing Centre Inc sought approval for its 2012 Enterprise Agreement under section 231 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which had to determine whether the agreement met the requirements for approval, particularly in relation to its fairness and compliance with the relevant legislative framework.

The central legal issue before the Commission was whether the terms of the Enterprise Agreement were fair and met the criteria set out in section 230 of the Fair Work Act. This required a consideration of the agreement's impact on employees, including whether it provided for fair remuneration and conditions of employment. The Commission had to ensure that the agreement did not disadvantage employees and was consistent with the principles of the Act.

In reaching its decision, the Commission assessed the agreement against the statutory criteria, focusing on whether it provided for fair terms and conditions that were not worse off than those provided by the applicable awards or registered agreements. The Commission noted that the agreement included provisions for minimum wages, overtime rates, leave entitlements, and other employment conditions that aligned with or exceeded the requirements of the relevant awards. The Commission found that the agreement was fair and did not disadvantage employees, and therefore approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2012, determining that it met the criteria for approval and did not adversely affect employees. The Commission's decision confirmed the agreement's compliance with the Fair Work Act and its alignment with the broader principles of fair and reasonable employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established