DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barunga Village Inc
(AG2018/5699)

BARUNGA VILLAGE INC NURSING EMPLOYEES (AGED CARE) & ANMF-SA ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 15 MARCH 2019

Application for approval of the Barunga Village Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Barunga Village Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barunga Village Inc.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 22 March 2019. The nominal expiry date of the Agreement is 21 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Barunga Village Inc, the applicants sought approval for the Barunga Village Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2018. The application was made in the Fair Work Commission, which is responsible for regulating and approving enterprise agreements under Australian labour law. The dispute centred around whether the proposed agreement met the legal requirements for approval, including whether it complied with the provisions of the Fair Work Act 2009 and whether it had been fairly negotiated.

The court was required to determine whether the agreement was a genuine enterprise agreement, whether it had been negotiated in good faith, and whether it met the "better off overall test". The latter requires that the agreement provides employees with no less than the applicable award or safety net and offers them a genuine improvement in terms and conditions. The applicants needed to demonstrate that the proposed agreement provided benefits to employees that were sufficient to satisfy the "better off overall test".

The Fair Work Commission examined the evidence and submissions from both the applicants and the objectors to the agreement. It found that the agreement was a genuine enterprise agreement and had been negotiated in good faith. The Commission also concluded that the agreement met the "better off overall test" as it provided employees with a genuine improvement in their terms and conditions. The court approved the Barunga Village Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2018, and it became effective on the date of the Commission's decision.

Barunga Village Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established