DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Autumn Care Aged Care (SLPNH Pty Ltd)
(AG2015/2647)

AUTUMN CARE AGED CARE (SLPNH PTY LTD TRADING AS ST LEIGH), 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 (SLPNH Pty Ltd trading as St Leigh), ANMFand HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Autumn Care Aged Care (SLPNH Pty Ltd trading as St Leigh), 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 (SLPNH Pty Ltd) trading as St Leigh Private Nursing Home. 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

In the matter of the Fair Work Commission, the applicant, Autumn Care Aged Care (SLPNH Pty Ltd trading as St Leigh), sought approval of the ANMF and HSU Enterprise Agreement 2014. The respondents included the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute centred on the terms and conditions of employment of the staff employed by Autumn Care, particularly those who were members of the ANMF and HSU.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement met the requirements for "registration" under the Act, including whether it provided for minimum rates of pay and conditions, and whether it had been fairly negotiated. The court also needed to determine if the agreement contained any provisions that were contrary to public policy or not genuinely agreed upon by the parties.

The court examined the provisions of the agreement and found that it met the statutory requirements for registration. It confirmed that the agreement provided for minimum rates of pay and conditions and was the product of genuine agreement between the parties. The court was satisfied that the agreement did not contain any provisions that were contrary to public policy. As a result, the court approved the enterprise agreement, allowing it to be registered with the Fair Work Commission.

The final order of the court was that the Autumn Care Aged Care (SLPNH Pty Ltd trading as St Leigh), ANMF and HSU Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. This decision provided legal certainty for the terms and conditions of employment for the staff of Autumn Care, as well as for the bargaining and negotiation processes between the employer and the unions.

Autumn Care Aged Care (SLPNH Pty Ltd)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established