DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boneham Aged Care Services Inc
(AG2017/1797)

BONEHAM AGED CARE SERVICES INC NURSING EMPLOYEES (AGED CARE) & ANMF-SA ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 1 JUNE 2017

Application for approval of the Boneham Aged Care Services Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2016.

[1] On 22 May 2017 Boneham Aged Care Services Inc (Applicant) made an application for approval of the Boneham Aged Care Services Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] 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.

[4] 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 June 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

Boneham Aged Care Services Inc, a provider of aged care services, sought approval of a new enterprise agreement with its nursing staff. The dispute arose as the company and the Australian Nursing and Midwifery Federation (SA Branch) had reached an agreement on the terms of a new enterprise agreement but required the Fair Work Commission's approval to formalise the arrangement. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it met the necessary criteria for approval. This involved assessing whether the agreement provided for a fair and efficient workplace, whether it complied with the provisions concerning minimum wages and conditions, and whether the agreement had been genuinely negotiated between the parties. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In determining whether to approve the agreement, the Commission considered the provisions of the Fair Work Act and the precedent set by previous cases. The Commission found that the agreement contained provisions that were fair and efficient, met the minimum wage and conditions requirements, and had been genuinely negotiated. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unlawful. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Boneham Aged Care Services Inc Nursing Employees (Aged Care) & ANMF-SA Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act and meeting the necessary criteria for approval. The agreement was therefore formalised and became binding on the parties from the date of the Commission's decision.

Boneham Aged Care Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established