Boandik Lodge Inc Summary

[2016] FWCA 471

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Boandik Lodge Inc
(AG2016/2136)
BOANDIK LODGE INC NURSING EMPLOYEES & ANMF
ENTERPRISE AGREEMENT 2016
Health and welfare services
COMMISSIONER ROE	MELBOURNE, 22 JANUARY 2016

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

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2016 (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 Inc. 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.
[2016] FWCA 471

[4] The Agreement was approved on 22 January 2016 and, in accordance with s.54, will

operate from 29 January 2016. The nominal expiry date of the Agreement is 31 December

2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Boandik Lodge Inc Nursing Employees & ANMF Enterprise Agreement 2016. The applicant, Boandik Lodge Inc, sought approval of the agreement pursuant to section 185 of the Fair Work Act 2009. The agreement was a single enterprise agreement that did not cover all employees of the employer. However, the Commissioner was satisfied that the group of employees was fairly chosen, taking into account the factors in section 186(3) and (3A) of the Act.

The legal issues that the court was required to decide included whether the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 had been met, and whether the agreement was fairly chosen. Additionally, the court had to consider whether the Australian Nursing and Midwifery Federation, which was a bargaining representative for the agreement, wanted the agreement to cover it.

The Commissioner found that the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 had been met. The Commissioner was also satisfied that the group of employees was fairly chosen. Furthermore, the Commissioner noted that the Australian Nursing and Midwifery Federation had given notice under section 183 of the Act that it wanted the agreement to cover it. The Commissioner approved the agreement on 22 January 2016, and it will operate from 29 January 2016. The nominal expiry date of the agreement is 31 December 2016.

Boandik Lodge Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established