DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alliance Care Management Pty Ltd T/A Heritage Manor Aged Care Trust
(AG2014/9863)

HERITAGE MANOR AGED CARE PTY LTD NURSES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Heritage Manor Aged Care Pty Ltd Nurses Enterprise Agreement 2014.

[1] On 12 November 2014 Alliance Care Management Pty Ltd (Applicant) made an application for approval of the Heritage Manor Aged Care Pty Ltd Nurses 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 Commission is 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.

[4] 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 December 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Alliance Care Management Pty Ltd, trading as Heritage Manor Aged Care Trust, and its employees represented by the Health Services Union of Australia. The dispute pertained to the approval of the Heritage Manor Aged Care Pty Ltd Nurses Enterprise Agreement 2014. The application for approval was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been fairly negotiated, if it contained appropriate terms and conditions, and if it adhered to the requirements of genuine agreement and other statutory provisions.

The Commission considered the evidence presented by both parties, including submissions on the negotiation process and the contents of the agreement. It examined whether the agreement was genuinely negotiated, free from any undue influence, and if it provided fair and reasonable terms for the employees. The Commission also assessed the agreement's compliance with minimum standards set out in the Fair Work Act and other relevant legislation. After reviewing the submissions and evidence, the Commission concluded that the agreement met the necessary criteria for approval. It found that the agreement was fairly negotiated, contained appropriate terms, and complied with the statutory requirements for genuine agreement.

The Fair Work Commission approved the Heritage Manor Aged Care Pty Ltd Nurses Enterprise Agreement 2014, recognising it as a genuine agreement that provided fair and reasonable terms for the employees. The Commission's decision was based on a thorough examination of the negotiation process and the contents of the agreement, ensuring compliance with the Fair Work Act and other relevant legislation.

Alliance Care Management Pty Ltd T/A Heritage Manor Aged Care Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established