Airlie Pty Ltd T/A Pennwood Green Summary

[2013] FWCA 10150

FAIR WORK COMMISSION

DECISION

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

Airlie Pty Ltd T/A Pennwood Green
(AG2013/12024)

PENNWOOD GREEN NURSING EMPLOYEES (AGED CARE) & ANMF-SA ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 23 DECEMBER 2013

Application for approval of the Pennwood Green Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pennwood Green Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Airlie Pty Ltd T/A Pennwood Green. 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 30 December 2013. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airlie Pty Ltd, trading as Pennwood Green, applied for approval of the Pennwood Green Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013. The application was made before the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve enterprise agreements.

The central legal issues before the Commission were whether the agreement met the procedural requirements of the Act, and whether it provided for fair and reasonable terms and conditions. Key concerns included whether the agreement was genuinely negotiated, whether employees had been adequately informed and consulted, and whether the agreement contained provisions that were contrary to public policy or unfair.

The Commission found that the agreement had been genuinely negotiated between the parties, with the employer demonstrating sufficient consultation and provision of information to the employees. The agreement was also found to provide for fair and reasonable terms and conditions, with no provisions that were contrary to public policy or unfair. The Commission approved the agreement, noting that it provided for a fair and reasonable balance of rights and obligations for both the employer and employees.

The Fair Work Commission approved the Pennwood Green Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions for both the employer and employees, and was genuinely negotiated. The Commission's approval of the agreement means that it is now legally binding on both parties, and any disputes arising under the agreement can be resolved by the Commission or the courts.

Airlie Pty Ltd T/A Pennwood Green

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established