Benetas

[2014] FWCA 7230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benetas
(AG2014/9210)

BENETAS, NURSES AND AGED CARE EMPLOYEES (RESIDENTIAL CARE) ANMF AND HWU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 14 OCTOBER 2014

Application for approval of the Benetas, Nurses and Aged Care Employees (Residential Care) ANMF and HWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Benetas, Nurses and Aged Care Employees (Residential Care, ANMF and HWU Enterprise Agreement 2014 (the Agreement).

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Benetas. The agreement is a single-enterprise agreement.

[3] In approving the agreement the name of the agreement has been corrected to Benetas, Nurses and Aged Care Employees (Residential Care) ANMF and HWU Enterprise Agreement 2014, which is the title used on the cover sheet of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 October 2014. The nominal expiry date of the Agreement is 31 August 2017.

[6]
The Australian Nursing and Midwifery Federation and the Health Services Union 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), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Australian Nursing and Midwifery Federation (ANMF) and the Health Workers Union (HWU), who brought an application for approval of the Benetas, Nurses and Aged Care Employees (Residential Care) ANMF and HWU Enterprise Agreement 2014. The dispute was heard in the Fair Work Commission, where the unions sought to have the enterprise agreement recognised as meeting the requirements for registration under the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the procedural and substantive requirements set forth in the Act. Specifically, the court had to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement complied with the minimum standards set by the National Employment Standards and the applicable awards.

In its reasoning, the Fair Work Commission examined the agreement's provisions and found that it met the necessary requirements. The Commission noted that the agreement was made in good faith and contained fair and reasonable terms and conditions of employment. Furthermore, the Commission confirmed that the agreement complied with the minimum standards set by the National Employment Standards and applicable awards. As a result, the Commission approved the application and registered the enterprise agreement.

The final orders of the Fair Work Commission were that the Benetas, Nurses and Aged Care Employees (Residential Care) ANMF and HWU Enterprise Agreement 2014 be registered under the Fair Work Act 2009. The agreement was registered on the date of the decision, and it became binding on the parties from that date. The registration of the agreement meant that the terms and conditions set out in the agreement would apply to the employees covered by the agreement, and the parties were required to comply with the agreement's provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established