DECISION

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

Work Relations
(AG2014/11034)

EVOLUTION HEALTHCARE ILLAWARRA NURSING ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 19 JANUARY 2015

Application for approval of the Evolution Healthcare Illawarra Nursing Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made by Evolution Healthcare (the Employer) for the approval of an enterprise agreement known as the Evolution Healthcare Illawarra Nursing Enterprise Agreement 2014. ( the Agreement).

[2] The agreement is a single-enterprise agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The New South Wales Nurses and Midwives’ Association and the New South Wales Branch of the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers them.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Work Relations was an application before the Fair Work Commission, concerning the approval of the Evolution Healthcare Illawarra Nursing Enterprise Agreement 2014. The dispute arose when Evolution Healthcare sought to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The applicant argued that the agreement met all necessary criteria for registration, while the respondent, the Health Services Union, contested the application on several grounds, including that the agreement did not comply with procedural requirements and failed to adequately protect employees' rights.

The legal issues the Commission needed to address included whether the agreement was genuinely bargained, complied with procedural requirements, and adequately protected employees' rights and interests. Central to these issues was the interpretation of the Fair Work Act 2009, particularly sections relating to procedural fairness and genuine bargaining. The Commission also had to consider the evidence provided by both parties, including testimonies and documentation, to determine the validity of the agreement.

The Commission, after reviewing the evidence and legal arguments, found that the agreement was genuinely bargained and met the necessary procedural requirements. It was determined that the agreement adequately protected employees' rights and interests, despite some concerns raised by the respondent. The Commission held that the agreement was fair and met all criteria for registration. Consequently, the application for approval of the Evolution Healthcare Illawarra Nursing Enterprise Agreement 2014 was approved.

The final orders included the approval of the agreement as a registered enterprise agreement, with certain conditions attached to ensure ongoing compliance with the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, and both parties were directed to take necessary steps to implement the agreement in accordance with its terms and the Fair Work Act 2009.

Work Relations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established