Belunga Nominees Pty Ltd T/A Wattle Glen Aged Care Facility Summary

[2014] FWCA 2315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belunga Nominees Pty Ltd T/A Wattle Glen Aged Care Facility
(AG2014/3937)

BELUNGA NOMINEES PTY LTD (TRADING AS WATTLE GLEN AGED CARE FACILITY), ANMF AND HSU ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 7 APRIL 2014

Application for approval of the Belunga Nominees Pty Ltd (trading as Wattle Glen Aged Care Facility), ANMF and HSU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Belunga Nominees Pty Ltd (trading as Wattle Glen Aged Care Facility), ANMF and HSU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belunga Nominees Pty Ltd T/A Wattle Glen Aged Care Facility. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to 7 March 2014.

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

[4] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement was approved in Chambers on 7 April 2014 and, in accordance with s.54 of the Act, will operate from 14 April 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Belunga Nominees Pty Ltd (trading as Wattle Glen Aged Care Facility) applied for the approval of the Belunga Nominees Pty Ltd (trading as Wattle Glen Aged Care Facility), ANMF and HSU Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The dispute arose as the applicants sought to have the enterprise agreement approved, which would govern the terms and conditions of employment for the employees of Wattle Glen Aged Care Facility.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it provided for the fair and reasonable terms and conditions of employment for the employees. This included assessing whether the agreement met the "better off overall test" and whether it contained all the mandatory terms required by law.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and that it satisfied the "better off overall test." The Commission also found that the agreement contained all the mandatory terms required by law. Consequently, the application for approval was granted, and the Belunga Nominees Pty Ltd (trading as Wattle Glen Aged Care Facility), ANMF and HSU Enterprise Agreement 2013 was approved.

The Commission made orders approving the enterprise agreement, which would now govern the terms and conditions of employment for the employees of Wattle Glen Aged Care Facility. The agreement would be registered with the Fair Work Commission and would have effect from the date of the approval.

Belunga Nominees Pty Ltd T/A Wattle Glen Aged Care Facility

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established