Barossa Village Inc Summary

[2013] FWCA 8747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Barossa Village Inc
(AG2013/9869)

BAROSSA VILLAGE INC NURSING EMPLOYEES, (AGED CARE) & ANF ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 8 NOVEMBER 2013

Application for approval of the Barossa Village Inc Nursing Employees, (Aged Care) & ANF Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Barossa Village Inc Nursing Employees, (Aged Care) & ANF Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barossa Village Inc. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barossa Village Inc applied for approval of an enterprise agreement concerning its nursing and aged care employees. The application was brought before the Fair Work Commission. The primary dispute involved the terms and conditions of employment for the nursing and aged care employees under the proposed agreement.

The legal issues before the Commission included whether the proposed agreement provided for a fair and reasonable safety net for employees, complied with the requirements of the Fair Work Act, and whether it was appropriately negotiated. The Commission also considered whether the agreement contained provisions that were not in the best interests of the employees and whether it was in the public interest to approve the agreement.

After reviewing the submissions and evidence presented, the Fair Work Commission approved the Barossa Village Inc Nursing Employees, (Aged Care) & ANF Enterprise Agreement 2013. The Commission found that the agreement provided for a fair and reasonable safety net, was appropriately negotiated, and did not contain provisions that were not in the best interests of the employees. The Commission was also satisfied that approving the agreement was in the public interest. The decision was based on the comprehensive evidence and submissions that demonstrated the agreement's benefits for both employees and the employer.

Barossa Village Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established