DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aged Care Group Pty Ltd
(AG2015/4063)

AGED CARE GROUP PTY LTD NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 29 JULY 2015

Application for approval of the Aged Care Group Pty Ltd Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aged Care Group Pty Ltd Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Aged Care Group Pty Ltd. 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 (ANMF) and Health Services Union of Australia (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 29 July 2015 and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 30 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aged Care Group Pty Ltd sought approval of its 2015 Nurses Enterprise Agreement (EA) from the Fair Work Commission (FWC). The dispute centred on whether the EA met the requirements under the Fair Work Act 2009 (FW Act). The FWC was tasked with determining if the EA provided for the fair and reasonable terms and conditions of employment and if it complied with the procedural requirements of the FW Act. The primary issue was whether the EA had been fairly and appropriately negotiated, and if it contained provisions that were in line with the principles of good faith bargaining and procedural fairness.

The FWC examined the negotiation process and the terms of the EA. It considered whether there was genuine negotiation, and if the process was conducted in good faith. The Commission also assessed if the EA terms were fair and reasonable, taking into account the needs of the employees, the employer's business, and the broader community. The FWC determined that the negotiation process had been conducted in good faith and that the EA contained provisions that were fair and reasonable, including the terms regarding pay, leave, and other employment conditions. The FWC concluded that the EA complied with the requirements of the FW Act and approved the application for the EA.

The FWC found that the EA met the legislative requirements for approval, as it contained terms that were fair and reasonable and had been negotiated in good faith. The Commission emphasised the importance of ensuring that all parties were afforded the opportunity to participate in the negotiation process and that the outcome reflected a balance between the needs of the employer and employees. The FWC granted approval for the EA, and the parties were directed to comply with its terms.

Aged Care Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established