DECISION

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

Ashtead Pty Ltd T/A Onkaparinga Valley Residential Care
(AG2015/739)

ASHTEAD PTY LTD TRADING AS ONKAPARINGA VALLEY RESIDENTIAL CARE NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 9 APRIL 2015

Application for approval of the Ashtead Pty Ltd trading as Onkaparinga Valley Residential Care Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ashtead Pty Ltd trading as Onkaparinga Valley Residential Care Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ashtead Pty Ltd T/A Onkaparinga Valley Residential Care. 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 – South Australian Branch, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2015. The nominal expiry date of the Agreement is 31 January 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Ashtead Pty Ltd, trading as Onkaparinga Valley Residential Care, and its employees who are members of the relevant union. The dispute before the court was regarding the approval of the Ashtead Pty Ltd trading as Onkaparinga Valley Residential Care Nurses Enterprise Agreement 2015. The case was heard in the Fair Work Commission of Australia.

The legal issues that the court had to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum wages and conditions, and whether it was in the best interests of the employees. The court also had to consider whether the agreement had been made in good faith and whether it complied with the relevant provisions of the Act.

The court found that the agreement met the statutory requirements and was in the best interests of the employees. The court noted that the agreement provided for minimum wages and conditions, and that it had been made in good faith. The court also found that the agreement complied with the relevant provisions of the Act. The court approved the agreement, subject to certain conditions and modifications.

The final orders of the court were that the agreement be approved, subject to the conditions and modifications set out in the decision. The court also ordered that the agreement be registered with the Fair Work Commission. The decision of the court is final and binding on the parties.

Ashtead Pty Ltd T/A Onkaparinga Valley Residential Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established