DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woomelang & District Bush Nursing Centre Inc
(AG2020/3226)

WOOMELANG AND DISTRICT BUSH NURSING CENTRE NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Woomelang and District Bush Nursing Centre 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 Woomelang & District 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] I note that Clause 26(d) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 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

Woomelang & District Bush Nursing Centre Inc was the applicant in a proceeding in the Fair Work Commission seeking approval of an enterprise agreement. The respondent was the Australian Nursing and Midwifery Federation. The agreement was for nurses employed by the applicant. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the court.

The primary legal issue was whether the agreement satisfied the "better off overall test" (BOOT) and the "no disadvantaged test" under section 235 of the Fair Work Act 2009. These tests require that employees are not worse off and that no employee is disadvantaged by the agreement. The Commission had to assess whether the agreement met these criteria, particularly in light of the unique circumstances of the bush nursing centre, which is located in a remote area with specific operational challenges.

The Commission found that the agreement met the BOOT and no disadvantaged test. The agreement provided for a range of benefits, including pay increases, additional leave provisions, and other terms and conditions that were considered fair and reasonable. The Commission noted that the agreement took into account the specific needs and circumstances of the bush nursing centre and its employees, who often work in isolated conditions. The Commission concluded that the agreement was fair and met the statutory requirements for approval.

The Fair Work Commission approved the Woomelang and District Bush Nursing Centre Nurses Enterprise Agreement 2020. The decision emphasised the importance of considering the unique operational context of the nursing centre in assessing the agreement's fairness and compliance with the Act. The approval ensures that the agreement will provide for improved terms and conditions for the nurses, reflecting the specific challenges and circumstances of their work environment.

Woomelang & 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