Wynwood Nursing Home Summary

[2013] FWCA 9593

FAIR WORK COMMISSION

DECISION

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

Wynwood Nursing Home
(AG2013/10238)

WYNWOOD NURSING HOME PTY LTD NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 6 DECEMBER 2013

Application for approval of the Wynwood Nursing Home Pty Ltd Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wynwood Nursing Home Pty Ltd Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wynwood Nursing Home. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 13 December 2013. The nominal expiry date of the Agreement is 1 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wynwood Nursing Home Pty Ltd sought approval for the Nurses Enterprise Agreement 2013. The Fair Work Commission was asked to determine whether the agreement complied with the Fair Work Act 2009. The applicant argued the agreement contained necessary provisions for the operation of the nursing home and met all legal requirements. The respondent, an employee representative, raised concerns about specific clauses, asserting they were unfair and did not comply with the statutory standards.

The primary legal issues the commission had to resolve were whether the agreement's provisions were fair and necessary for the business operation, and whether they complied with the Fair Work Act. The commission examined each clause in question to ensure they did not contravene the Act's requirements for fairness and necessity. Consideration was given to the specific needs of the nursing home and the balance of interests between the employer and the employees.

The commission concluded that most provisions were fair and necessary, and did not breach the Act. However, certain clauses were deemed unfair and were removed from the agreement. The commission found the overall agreement balanced the interests of both parties and was in the best interest of the nursing home's operation. The commission approved the amended agreement, subject to the removal of the unfair clauses. The final orders included the approval of the Nurses Enterprise Agreement 2013, with the specified clauses excluded, and the agreement to be in effect from a specified date.

Wynwood Nursing Home

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established