DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andrew Kerr Care Ltd
(AG2014/10897)

ANDREW KERR CARE LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Andrew Kerr Care Ltd, ANMF and HSU Enterprise Agreement 2014.

[1] On 18 December 2014 Andrew Kerr Care Ltd (Applicant) made an application for approval of the Andrew Kerr Care Ltd, ANMF and HSU 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 16 February 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute regarding the approval of the Andrew Kerr Care Ltd, ANMF and HSU Enterprise Agreement 2014. The applicant, Andrew Kerr Care Ltd, sought approval for the enterprise agreement which had been negotiated between the employer and the two unions, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The legal issues central to the case required the Commission to determine whether the agreement was made in good faith, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it was fair and reasonable in all its terms.

The Commission examined the process through which the agreement was negotiated, considering whether it involved genuine consultation and bargaining between the parties. It also assessed whether the agreement met the statutory requirements for approval, such as provisions for employee representation, minimum terms and conditions, and the avoidance of pre-emption of rights. The Commission was required to ensure that the agreement did not unfairly disadvantage any party and that it provided for a fair and equitable resolution of the employment issues.

The Fair Work Commission concluded that the enterprise agreement had been negotiated in good faith and that it complied with the relevant statutory provisions. The agreement was deemed to be fair and reasonable in all its terms, taking into account the specific circumstances of the employees and the employer. The Commission found that the agreement provided for a balanced set of terms and conditions that appropriately addressed the needs of both the employer and the employees. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Andrew Kerr Care Ltd, ANMF and HSU Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be binding on all parties and would govern the employment conditions of the employees covered by the agreement.

Andrew Kerr Care Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established