DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nursing Home Foundation Ltd
(AG2014/9991)

ANHF, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014 - 2017.

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 DECEMBER 2014

Application for approval of the ANHF, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the ANHF, NSWNMA and HSU NSW Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Nursing Home Foundation Ltd. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, the New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nursing Home Foundation Ltd, the NSW Nurses and Midwives Association, and Health Services Union NSW sought approval of the Enterprise Agreement 2014-2017. This matter was heard in the Fair Work Commission. The applicants sought to have the agreement approved, and the respondents opposed the application on various grounds.

The legal issues the court was required to decide included whether the agreement was in the best interests of the employees, whether it complied with the relevant legislation, and whether it met the necessary standards set by the Fair Work Act 2009. The court also had to consider the implications of the agreement on the employees' working conditions, wages, and other entitlements.

The court found that the agreement was in the best interests of the employees and complied with the relevant legislation. The court also found that the agreement met the necessary standards and would not have an adverse effect on the employees' working conditions, wages, and other entitlements. The court approved the agreement, stating that it was fair and reasonable, and met the necessary standards under the Fair Work Act 2009.

The court approved the Enterprise Agreement 2014-2017, effective from the date of the decision. The agreement will govern the employment conditions of the employees for the duration of the agreement. The court's decision provides clarity and certainty for the parties involved, and ensures that the employees' rights and entitlements are protected.

Australian Nursing Home Foundation Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established