DECISION

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

Barunga Village Inc
(AG2015/6621)

BARUNGA VILLAGE INC AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER PLATT	ADELAIDE, 27 NOVEMBER 2015

Application for approval of the Barunga Village Inc Aged Care Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Barunga Village Inc Aged Care Employees 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 Barunga 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Barunga Village Inc, sought approval of the Barunga Village Inc Aged Care Employees Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement should be approved as it had been negotiated in good faith, involved genuine consultation, and met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it was fairly and genuinely negotiated and if it complied with the provisions of the Fair Work Act.

The Commission considered whether the negotiation process was conducted in good faith and whether genuine consultation had occurred. The applicant provided evidence of the negotiation process and the steps taken to consult with the employees. The Commission also examined whether the agreement complied with the legal requirements outlined in the Fair Work Act. This included assessing whether the agreement covered the correct bargaining unit, included necessary provisions, and adhered to any applicable minimum standards.

After evaluating the evidence presented, the Fair Work Commission determined that the Barunga Village Inc Aged Care Employees Enterprise Agreement 2015 was fairly and genuinely negotiated, involved genuine consultation, and complied with the provisions of the Fair Work Act. The Commission found that the negotiation process was conducted in good faith, and the applicant had taken appropriate steps to consult with the employees. The agreement was also found to cover the correct bargaining unit and included the necessary provisions, meeting all legal requirements. Consequently, the Commission approved the agreement.

The Fair Work Commission ordered that the Barunga Village Inc Aged Care Employees Enterprise Agreement 2015 be approved and registered. The agreement was to take effect from the date of the Commission's decision and would govern the employment conditions of the employees within the specified bargaining unit. This decision provided certainty and stability to the parties involved and ensured that the agreement was legally binding and enforceable.

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