Belvedere Aged Care Pty Ltd Summary

[2014] FWCA 5953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belvedere Aged Care Pty Ltd
(AG2014/6901)

BELVEDERE AGED CARE PTY LTD (TRADING AS BELVEDERE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 28 AUGUST 2014

Application for approval of the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 22 July 2014 Belvedere Aged Care Pty Ltd (Applicant) made an application for approval of the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Health Services Union and Australian Nursing and Midwifery Federation 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 September 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Belvedere Aged Care Pty Ltd, trading as Belvedere Aged Care, along with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), applied to the Fair Work Commission for approval of their 2014 Enterprise Agreement. The application arose from the need to formalise the terms and conditions of employment for the employees under the new agreement. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the minimum terms and conditions as prescribed by law. Specifically, the Commission had to consider if the agreement was genuinely negotiated, if it covered all employees within the scope of the bargaining, and if it complied with the provisions regarding minimum rates of pay, penalty rates, and other employment conditions.

In deliberating on these issues, the Fair Work Commission examined the bargaining process and the content of the agreement. The Commission assessed whether the agreement was the product of genuine negotiation between the employer and the unions, and whether it was made in good faith. Furthermore, the Commission ensured that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act 2009, including provisions for minimum wages and penalty rates. The Commission also took into account the views of the employees and the employer, along with any relevant industry standards and practices.

Following its examination, the Fair Work Commission determined that the agreement met all the necessary criteria for approval. The Commission found that the bargaining process was genuine and that the agreement contained all the required terms and conditions. The Commission approved the Belvedere Aged Care Pty Ltd (trading as Belvedere Aged Care), ANMF and HSU Enterprise Agreement 2014, effective from the date of the approval. The approval ensures that the terms and conditions set out in the agreement are legally binding on the employer and the employees covered by the agreement.

Belvedere Aged Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established