DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boandik Lodge Inc
(AG2017/2259)

BOANDIK LODGE INC. UNITED VOICE & ANMF AGED CARE EMPLOYEES ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 21 JULY 2017

Application for approval of the Boandik Lodge Inc United Voice & ANMF Aged Care Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boandik Lodge Inc. United Voice & ANMF Aged Care Employees Enterprise Agreement 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boandik Lodge Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at clause S.3.2 (g). On 19 July 2017 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Nursing and Midwifery Federation and United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boandik Lodge Inc applied to the Fair Work Commission for approval of the Boandik Lodge Inc United Voice & ANMF Aged Care Employees Enterprise Agreement 2017. The application was opposed by the Aged Care Workers Union, which raised concerns about the provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained the mandatory provisions required by the Fair Work Act, and whether it complied with the good faith bargaining requirements. The Commission had to examine whether the agreement included all the mandated minimum terms and conditions, and whether the bargaining process was conducted in good faith by both parties. The Commission also needed to consider whether any provisions in the agreement were contrary to public policy or otherwise unenforceable.

In delivering its decision, the Commission found that the agreement contained all the mandatory minimum terms and conditions required by the Fair Work Act. The Commission was satisfied that the agreement was the product of good faith bargaining between the parties, as both had engaged in discussions and negotiations in a manner consistent with the legislative requirements. While the Aged Care Workers Union had raised concerns about certain provisions, the Commission concluded that these provisions did not breach any legal requirements or public policy considerations. Consequently, the Commission approved the agreement, finding it to be a bona fide enterprise agreement.

The Fair Work Commission approved the Boandik Lodge Inc United Voice & ANMF Aged Care Employees Enterprise Agreement 2017, and it now constitutes a legally binding agreement between the employer and the employees covered by the agreement. The approval ensures that the terms and conditions of employment for the employees are governed by the provisions of the agreement, rather than the applicable awards or the general protections contained in the Fair Work Act.

Boandik Lodge Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established