Boandik Lodge Inc

[2017] FWCA 4633

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Boandik Lodge Inc

(AG2017/2693)

Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 5 SEPTEMBER 2017

Application for approval of the Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2017.

On 5 July 2017 Boandik Lodge Inc (Applicant) made an application for approval of the Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

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, has been met.

The Australian Nursing and Midwifery 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 September 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Boandik Lodge Inc, seeking approval for the Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2017. The dispute was brought before the Fair Work Commission, specifically the General Division, to determine if the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Act, particularly in relation to the coverage of the agreement, the process followed in its creation, and the fairness of its terms. The Commission had to examine if the agreement was made in good faith, if it covered the correct employees, and if the process for its creation was appropriate. Additionally, the fairness of the terms, including wages, conditions, and other employment aspects, was assessed to ensure they met the standards set by the Act.

In reaching its decision, the Commission carefully reviewed the evidence and submissions from both parties. It found that the agreement was indeed made in good faith and covered the correct employees. The process for creating the agreement was deemed appropriate, and the terms were found to be fair. Consequently, the Commission approved the agreement, confirming its compliance with the Fair Work Act. This decision allowed the agreement to be formally registered and enforceable, providing clarity and certainty for the involved parties.

The final orders included the approval and registration of the Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2017, ensuring it could be implemented and enforced as per the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established