DECISION

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

Anglicare SA Limited
(AG2015/2800)

ANGLICARE SA/ANMF NURSING EMPLOYEES AGED CARE AGREEMENT NO.5 OF 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 1 JUNE 2015

Application for approval of the Anglicare SA/ANMF Nursing Employees Aged Care Agreement No.5 of 2015.

[1] An application has been made for approval of an enterprise agreement known as the Anglicare SA/ANMF Nursing Employees Aged Care Agreement No.5 of 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Anglicare SA Limited. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[3] 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.

[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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2015. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Anglicare SA Limited involved an application by the employer, Anglicare SA Limited, for the approval of a registered agreement concerning the terms and conditions of employment for nursing employees in aged care facilities. The Australian Nursing and Midwifery Federation (ANMF) represented the employees in this matter. The application was brought before the Fair Work Commission (FWC) to ensure the agreement met the necessary legislative requirements under the Fair Work Act 2009.

The primary legal issue the FWC had to address was whether the agreement complied with the relevant provisions of the Fair Work Act, specifically sections 229 and 230, which outline the criteria for the approval of an enterprise agreement. This included whether the agreement had been fairly negotiated, included the necessary terms, and did not unfairly discriminate against employees. The FWC also had to consider whether the agreement met the genuine agreement test, which requires that the agreement was made in good faith and was not a sham agreement.

In reaching its decision, the FWC examined the negotiation process and the content of the agreement, finding that the agreement was the result of genuine negotiations between the parties. The FWC was satisfied that the agreement contained all the required terms, and it did not unfairly discriminate against any class of employees. Additionally, the FWC determined that the agreement was a genuine agreement, not a sham, and met the requirements of the Fair Work Act. Consequently, the FWC approved the Anglicare SA/ANMF Nursing Employees Aged Care Agreement No.5 of 2015.

The Fair Work Commission granted the application for approval of the agreement, confirming that it complied with all relevant legislative requirements. The approved agreement now sets out the terms and conditions of employment for the nursing employees in Anglicare SA's aged care facilities.

Anglicare SA Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established