Association for Christian Senior Citizens Homes Inc.

[2014] FWCA 4037

The attached document replaces the document previously issued with the above code on 18 June 2014.

Title of Agreement corrected in paragraph [1].

Cloe van Korven

Associate to Commissioner Johns

Dated 20 June 2014

[2014] FWCA 4037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association for Christian Senior Citizens Homes Inc.
(AG2014/6112)

ASSOCIATION FOR CHRISTIAN SENIOR CITIZENS HOMES INC. (TRADING AS OUTLOOK GARDENS AGED CARE FACILITY), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 18 JUNE 2014

Application for approval of the Association for Christian Senior Citizens Homes Inc. (trading as Outlook Gardens Aged Care Facility), ANMF and HSU Enterprise Agreement 2014.

[1] On 20 May 2014 the Association for Christian Senior Citizens Homes Inc. (Applicant) made an application for approval of the Association for Christian Senior Citizens Homes Inc. (trading as Outlook Gardens Aged Care Facility), 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 and Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Association for Christian Senior Citizens Homes Inc. sought approval of its enterprise agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute involved the terms and conditions of employment for staff at the Outlook Gardens Aged Care Facility, specifically concerning the classification and remuneration of employees. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement adequately addressed the classification of employees, ensuring it was fair and reasonable in line with the principles of the Fair Work Act. The Commission also had to consider whether the agreement provided for proper consultation processes between the employer and the unions representing the employees. Additionally, the Commission needed to ensure the agreement met the requirements for good faith bargaining and did not unfairly disadvantage any party.

The Commission found that the agreement was the product of genuine good faith bargaining between the parties, and that the classification and remuneration provisions were fair and reasonable. The Commission was satisfied that the agreement provided for proper consultation and that there was no evidence of unfair disadvantage. The Commission concluded that the agreement complied with the relevant provisions of the Fair Work Act and approved it. The decision confirmed the importance of good faith bargaining and fair and reasonable terms and conditions of employment in enterprise agreements.

The Fair Work Commission approved the enterprise agreement between the Association for Christian Senior Citizens Homes Inc. and the Australian Nursing and Midwifery Federation and the Health Services Union. The decision highlighted the importance of good faith bargaining and fair and reasonable terms and conditions of employment in enterprise agreements. The Commission's approval ensures that the agreement will provide certainty and stability for employees at the Outlook Gardens Aged Care Facility, while also providing a fair and reasonable framework for the employer and unions to work within.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established