DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barossa Village Incorporated T/A Barossa Village
(AG2019/3452)

BAROSSA VILLAGE INC NURSING EMPLOYEES, (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 17 OCTOBER 2019

Application for approval of the Barossa Village Inc, Nursing Employees, (Aged Care) & ANMF Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Barossa Village Inc, Nursing Employees, (Aged Care) & ANMF Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barossa Village Incorporated T/A Barossa Village. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 24 September 2019.

[3] On 4 October 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 October 2019. The undertaking deals with the following topics:

• Penalty rates are to be paid to casual staff.

• Casual loading is to apply to all hours worked by casual staff.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barossa Village Incorporated T/A Barossa Village sought approval for the Barossa Village Inc, Nursing Employees, (Aged Care) & ANMF Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission. The legal issues that the Commission had to decide included whether the agreement provided for the proper and efficient operation of the employer's business and whether the agreement provided for employees to be paid at rates no less than the applicable award or registered agreement. The Commission found that the agreement met the requirements for approval, including that it provided for the proper and efficient operation of the employer's business and that it provided for employees to be paid at rates no less than the applicable award or registered agreement. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between the employer and employees.

The Commission noted that the agreement provided for the establishment of a dispute resolution committee and the use of conciliation and mediation services to resolve disputes. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of individual disputes, including the use of an independent dispute resolution service. The Commission concluded that the agreement met the requirements for approval and approved the agreement. The Commission made an order approving the agreement and directing that it be registered by the Registrar of the Fair Work Commission. The order also provided for the agreement to be in effect from the date of the order and for a period of four years, subject to the parties entering into a new agreement before the end of that period.

Barossa Village Incorporated T/A Barossa Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established