DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Polish Benevolent Association of Victoria T/A Polish Retirment Home
(AG2014/10795)

AUSTRALIAN-POLISH BENEVOLENT ASSOCIATION OF VICTORIA INC (TRADING AS POLISH RETIREMENT HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 FEBRUARY 2015

Application for approval of the Australian-Polish Benevolent Association of Victoria Inc (trading as Polish Retirement Home), ANMF and HSU Enterprise Agreement 2014.

[1] On 12 December 2014 Australian Polish Benevolent Association of Victoria Inc. (Applicant) made an application for approval of the Australian-Polish Benevolent Association of Victoria Inc (trading as Polish Retirement Home), 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 10 February 2015. The nominal expiry date of the Agreement is 1 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Polish Benevolent Association of Victoria Inc, trading as the Polish Retirement Home, sought approval for its 2014 Enterprise Agreement with the Australian Nursing and Midwifery Federation and Health Services Union. The matter was heard in the Fair Work Commission. The central legal issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its fairness and compliance with relevant labour standards.

The Commission examined whether the agreement provided fair terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also assessed whether the agreement was made in good faith and whether it adhered to the process set forth in the Fair Work Act. The Commission gave weight to submissions from both parties and considered the nature of the relationship between the employer and the employees, as well as the broader implications for the industry.

In delivering its decision, the Commission concluded that the agreement was fair and compliant with the relevant statutory requirements. It found that the terms and conditions were reasonable and that the agreement was made in good faith. The Commission highlighted the importance of the agreement in providing a stable and fair working environment for the employees, while also acknowledging the needs of the employer. The Commission approved the agreement, noting that it met the necessary standards under the Fair Work Act.

The Commission's decision was final and binding, and the agreement was approved for registration. This outcome ensured that the employees of the Polish Retirement Home would be covered by the terms of the agreement, providing them with certainty and protection in their employment.

Australian Polish Benevolent Association of Victoria T/A Polish Retirment Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established