DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balaklava Mill Court Homes Inc T/A Balaklava Mill Court Homes
(AG2016/3312)

BALAKLAVA MILL COURT HOMES REGISTERED NURSE, ENROLLED NURSE & PERSONAL CARE ASSISTANT ANMF (AGED CARE) ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER ROE	MELBOURNE, 18 JULY 2016

Application for approval of the Balaklava Mill Court Homes Registered Nurse, Enrolled Nurse & Personal Care Assistant ANMF (Aged Care) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Balaklava Mill Court Homes Registered Nurse, Enrolled Nurse & Personal Care Assistant ANMF (Aged Care) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Balaklava Mill Court Homes Inc T/A Balaklava Mill Court Homes. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 July 2016 and, in accordance with s.54, will operate from 25 July 2016. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Balaklava Mill Court Homes Inc trading as Balaklava Mill Court Homes and the Australian Nursing and Midwifery Federation (Aged Care) union. The dispute centred on the application for approval of the Balaklava Mill Court Homes Registered Nurse, Enrolled Nurse & Personal Care Assistant ANMF (Aged Care) Enterprise Agreement 2015. The matter was heard in the Fair Work Commission.

The central legal issues that the Fair Work Commission had to decide were whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for approval under the Act. Specifically, the Commission had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement and whether it adhered to the procedural fairness principles set out in the Act.

In its decision, the Commission examined the proposed agreement clause by clause, considering the implications for the employees and the employer. It assessed the provisions against the statutory requirements and the principles of procedural fairness. The Commission found that the agreement contained terms that were fair and reasonable for the employees, provided adequate protections, and complied with the relevant provisions of the Fair Work Act. The Commission also concluded that the application process had been conducted in a manner that was fair and did not breach any procedural fairness principles. Therefore, the Commission approved the application for the agreement.

The Fair Work Commission approved the Balaklava Mill Court Homes Registered Nurse, Enrolled Nurse & Personal Care Assistant ANMF (Aged Care) Enterprise Agreement 2015. This decision was based on the finding that the agreement was fair and reasonable and complied with the statutory requirements and procedural fairness principles. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Balaklava Mill Court Homes Inc T/A Balaklava Mill Court Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established