Allambi Elderly Peoples Home Inc Summary

[2013] FWCA 9087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allambi Elderly Peoples Home Inc
(AG2013/9954)

ALLAMBI ELDERLY PEOPLES HOME INC NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Allambi Elderly Peoples Home Inc Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allambi Elderly Peoples Home Inc Nurses Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allambi Elderly Peoples Home Inc. 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, Victorian Branch and the Health Services Union, Victorian Branch T/A Health Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they seek to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2013. The nominal expiry date of the Agreement is 28 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were Allambi Elderly Peoples Home Inc and their employees, who were seeking approval for the Nurses Enterprise Agreement 2013. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement was in compliance with the Fair Work Act 2009. The legal issues at the heart of the case centred around whether the agreement adequately addressed the requirements of the Act, particularly in relation to the terms and conditions of employment for the nurses. This included examining whether the agreement provided fair and reasonable terms and conditions, and whether it met the criteria for being a "genuine" enterprise agreement.

The court examined the provisions of the agreement to determine if they were fair and reasonable. It assessed whether the agreement contained the minimum terms and conditions as specified in the Fair Work Act 2009, and whether it provided for fair and reasonable terms in terms of wages, hours of work, and other employment conditions. The court also considered whether the agreement was genuinely negotiated between the employer and the employees, and whether it was made in good faith. Furthermore, the court evaluated whether the agreement met the requirements for being a "genuine" enterprise agreement, including whether it was made for the purpose of establishing the terms and conditions of employment.

Upon reviewing the evidence and submissions presented, the court concluded that the Nurses Enterprise Agreement 2013 met the necessary criteria. The agreement was found to provide fair and reasonable terms and conditions for the nurses, and it contained the minimum terms and conditions as specified in the Act. The court was satisfied that the agreement was genuinely negotiated and made in good faith. As a result, the Fair Work Commission approved the agreement, confirming its compliance with the Fair Work Act 2009. The decision was made in favour of Allambi Elderly Peoples Home Inc and their employees, ensuring that the terms and conditions outlined in the agreement would govern their employment relationship moving forward.

Allambi Elderly Peoples Home Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established