DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woomelang and District Bush Nursing Centre Inc
(AG2018/783)

WOOMELANG AND DISTRICT BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JUNE 2018

Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 June 2018 and, in accordance with s.54, will operate from 11 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Woomelang and District Bush Nursing Centre Inc involved a dispute between the employer, represented by the Woomelang and District Bush Nursing Centre Inc, and the employees, represented by the United Voice union. The crux of the dispute centred around the interpretation and application of the Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether certain provisions of the enterprise agreement were valid and enforceable.

The legal issues before the Commission included the interpretation of various clauses within the enterprise agreement, particularly those related to shift allowances and the calculation of penalty rates. The Commission had to ascertain whether the agreement was compliant with the Fair Work Act 2009 and whether it adequately protected the employees' rights. Additionally, the Commission was required to consider whether the agreement was made in good faith and whether it was appropriate to make an order for the agreement to be registered with the Fair Work Commission.

In reaching its decision, the Commission closely examined the wording of the enterprise agreement and the context in which it was made. The Commission found that certain clauses were ambiguous and did not clearly reflect the parties' intentions. Consequently, the Commission exercised its power to interpret the agreement in a manner that would best achieve a fair and reasonable outcome for both parties. The Commission ultimately determined that the agreement was not in compliance with the Fair Work Act and that certain provisions were invalid. As a result, the Commission made an order for the registration of the enterprise agreement with modifications to address the identified issues.

The Fair Work Commission's final order required the employer to implement the modified enterprise agreement, which included specific provisions regarding shift allowances and penalty rates. The order also mandated that the employer provide written notice to the employees of the changes within a specified timeframe. This decision underscores the importance of clear and precise language in enterprise agreements to ensure they are enforceable and protect the rights of both employers and employees.

Woomelang and District 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