Bindaree Lodge Summary

[2013] FWCA 2557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bindaree Lodge
(AG2013/948)

BINDAREE LODGE - NURSES ENTERPRISE AGREEMENT 2012

Aged care industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 APRIL 2013

Application for approval of the Bindaree Lodge - Nurses Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bindaree Lodge - Nurses Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bindaree Lodge. The agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Nursing 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.

[4] The Queensland Nurses’ Union of Employees, 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 was approved on 26 April 2013 and, in accordance with s.54, will operate from 3 May 2013. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bindaree Lodge, an aged care facility, and the Fair Work Commission (FWC), which was asked to approve a proposed enterprise agreement between Bindaree Lodge and the nurses working there. The agreement, known as the Bindaree Lodge - Nurses Enterprise Agreement 2012, aimed to set out the terms and conditions of employment for the nurses. The FWC was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the FWC needed to address were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act and whether the agreement was in the best interests of the employees. Specifically, the FWC had to consider whether the agreement was free from any improper influence or coercion, whether it was properly negotiated, and whether it contained all the required terms and conditions as mandated by the Act. Additionally, the FWC had to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the needs and interests of the employees and the operational requirements of the employer.

The FWC found that the agreement had been made in compliance with the procedural requirements of the Fair Work Act. The evidence showed that the agreement was the result of genuine and meaningful negotiations between the parties, and that there had been no improper influence or coercion. The FWC also determined that the agreement contained all the required terms and conditions, and that it provided for fair and reasonable terms and conditions for the nurses. The FWC was satisfied that the agreement was in the best interests of the employees, and that it would promote harmonious, productive, and cooperative workplace relations.

The FWC approved the Bindaree Lodge - Nurses Enterprise Agreement 2012, finding that it met all the legal requirements for approval under the Fair Work Act. The agreement was registered with the FWC, and became legally binding on the parties from the date of registration.

Bindaree Lodge

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established