| [2017] FWCA 6528 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Balaklava Mill Court Homes Inc T/A Balaklava Mill Court Homes
(AG2017/3645)
BALAKLAVA MILL COURT HOMES REGISTERED NURSE, ENROLLED NURSE AND PERSONAL CARE ASSISTANT ANMF (AGED CARE) ENTERPRISE AGREEMENT 2017
Aged care industry | |
COMMISSIONER MCKINNON | MELBOURNE, 7 DECEMBER 2017 |
Application for approval of the Balaklava Mill Court Homes Registered Nurse, Enrolled Nurse & Personal Care Assistant ANMF (Aged Care) Enterprise Agreement 2017.
[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 2017 (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.
[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 is approved and, in accordance with s.54 of the Act, will operate from 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code J, AE426408 PR598462>
Annexure A
- AGLC
- Balaklava Mill Court Homes Inc T/A Balaklava Mill Court Homes [2017] FWCA 6528
- Case
- [2017] FWCA 6528
- Decision Date
CaseChat Overview and Summary
The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act. Specifically, the respondent argued that the agreement failed to comply with sections 234 and 235 of the Act, which relate to the provision of information and the opportunity for employees to be represented. The Commission had to determine whether these sections were satisfied in the context of the agreement.
The Commission found that the agreement did not adequately inform employees of their rights and obligations, nor did it provide a sufficient opportunity for employees to be represented. The Commission noted that the agreement did not include a comprehensive list of employee rights and obligations, and that the process for employee representation was not clearly defined. As a result, the application for approval was dismissed. The Commission emphasised the importance of clear communication and representation in enterprise agreements to ensure compliance with the Fair Work Act.
The Fair Work Commission dismissed the application for approval of the Balaklava Mill Court Homes Registered Nurse, Enrolled Nurse & Personal Care Assistant ANMF (Aged Care) Enterprise Agreement 2017. The Commission ordered that the agreement be returned to the applicant for amendment, with specific directions to address the deficiencies identified in the decision. The applicant was required to resubmit the agreement for approval once the necessary changes had been made.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.