DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AJ & BJ Smith Pty Limited T/A The Gardens
(AG2014/10509)

THE GARDENS & HACSU & ANMF NON NURSING ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the The Gardens & HACSU & ANMF Non Nursing Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as The Gardens & HACSU & ANMF Non Nursing Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by AJ & BJ Smith Pty Ltd trading as The Gardens.

[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 and the Health Services Union of Australia, 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 27 February 2015 and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved AJ & BJ Smith Pty Limited trading as The Gardens, the Health Administration and Clerical Supervisory Union (HACSU), and the Australian Nursing and Midwifery Federation (ANMF). The dispute was centred on the application for approval of the The Gardens & HACSU & ANMF Non Nursing Enterprise Agreement 2014. The application was brought before the Fair Work Commission (FWC), with the specific objective of having the proposed agreement recognised as a certified agreement under the Fair Work Act 2009. The applicant sought the FWC's endorsement to ensure that the agreement could be enforced against the relevant parties.

The primary legal issue that the FWC was required to determine was whether the proposed enterprise agreement met the statutory requirements for certification as per the Fair Work Act. This involved assessing whether the agreement contained the necessary provisions, was free from prohibited content, and had been made in accordance with the relevant procedural standards. The FWC needed to confirm that the agreement was genuinely an enterprise agreement and that the parties involved had genuinely agreed to the terms of the agreement.

The FWC conducted a detailed examination of the application, considering the evidence and submissions presented by the parties. The Commission found that the proposed agreement did indeed meet the statutory requirements for certification. The FWC was satisfied that the agreement contained all the necessary provisions, was free from any prohibited content, and had been made in compliance with the procedural standards outlined in the Act. Consequently, the FWC approved the application for the recognition of the The Gardens & HACSU & ANMF Non Nursing Enterprise Agreement 2014 as a certified agreement, effective from 1 April 2014. The decision provided clarity and certainty for the parties involved, ensuring that the terms of the agreement could be enforced and implemented in accordance with the law.

AJ & BJ Smith Pty Limited T/A The Gardens

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established