DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autumn Care Aged Care (BLRAS Pty Ltd) T/A Benton’s Lodge
(AG2015/2639)

AUTUMN CARE AGED CARE (BLRAS PTY LTD TRADING AS BENTON’S LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 20 MAY 2015

Application for approval of the Autumn Care Aged Care (BLRAS Pty Ltd trading as Benton’s Lodge), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Autumn Care Aged Care (BLRAS Pty Ltd trading as Benton’s Lodge), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Autumn Care Aged Care (BLRAS Pty Ltd) trading as Benton’s Lodge. The agreement is a single-enterprise agreement.

[2] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 May 2105. The nominal expiry date of the Agreement is 31 July 2017.

[5] The Australian Nursing & Midwifery Federation and the Health Services Union 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), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Autumn Care Aged Care (BLRAS Pty Ltd) trading as Benton’s Lodge, applied for the approval of the 2014 Enterprise Agreement with the Australian Nursing and Midwifery Federation and Health Services Union. The applicant sought to have the agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must not permit the terms and conditions of the employment of employees to be less favourable than the applicable award or safety net award. The applicant argued that the agreement was fair and reasonable and did not result in less favourable terms and conditions for the employees. The Commission considered the evidence presented and the terms of the agreement. The Commission determined that the agreement met the requirements of section 231 of the Fair Work Act, and the agreement was approved. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees and did not result in less favourable terms and conditions than the applicable award or safety net award. The applicant's application for approval of the 2014 Enterprise Agreement was approved.

Autumn Care Aged Care (BLRAS Pty Ltd) T/A Benton’s Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established