DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abbeyfield Society (Mortlake) Inc.
(AG2014/10693)

ABBEYFIELD SOCIETY (MORTLAKE) INC. (TRADING AS ABBEYFIELD HOUSE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Abbeyfield Society (Mortlake) Inc. (trading as Abbeyfield House), ANMF and HSU Enterprise Agreement 2014.

[1] On 5 December 2014 Abbeyfield Society (Mortlake) Inc. (Applicant) made an application for approval of the Abbeyfield Society (Mortlake) Inc. (trading as Abbeyfield House), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided a written undertaking. A copy of the undertaking is attached as Annexure A. The Commission is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation and Health Services Union of Australia have indicated their acceptance of the undertaking.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 February 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Abbeyfield Society (Mortlake) Inc. (trading as Abbeyfield House), sought approval for the Abbeyfield Society (Mortlake) Inc. (trading as Abbeyfield House), ANMF and HSU Enterprise Agreement 2014. The dispute concerned whether the proposed agreement should be approved by the Commission, given the parties' claims and the potential impact on employees and the organisation. The case was heard by the Fair Work Commission, which was tasked with evaluating the agreement under the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the proposed enterprise agreement met the criteria for approval under section 234 of the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary minimum terms and conditions, whether it was made in good faith, and whether it complied with the provisions of the Act. The Commission also needed to consider the arguments presented by the parties and determine whether the agreement would result in a fair and reasonable outcome for all involved.

The Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act 2009. It contained the necessary minimum terms and conditions and was made in good faith. The Commission acknowledged the arguments presented by the parties and considered the potential impact of the agreement on employees and the organisation. Ultimately, the Commission determined that the agreement was fair and reasonable and approved it. The decision emphasised the importance of balancing the rights and interests of both employees and employers in the enterprise bargaining process.

As a result of the Commission's decision, the Abbeyfield Society (Mortlake) Inc. (trading as Abbeyfield House), ANMF and HSU Enterprise Agreement 2014 was approved and registered with the Fair Work Commission. This decision provided certainty and stability for the parties involved and ensured that the agreement would be legally binding and enforceable. The outcome of the case demonstrated the importance of a fair and transparent enterprise bargaining process in achieving a balance between the rights and interests of employees and employers.

Abbeyfield Society (Mortlake) Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established