DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bonnie Bridge Pty Ltd T/A Holmwood Aged Care Facility
(AG2015/2995)

BONNIE BRIDGE PTY LTD (TRADING AS HOLMWOOD PRIVATE AGED CARE FACILITY), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 1 JULY 2015

Application for approval of the Bonnie Bridge Pty Ltd (trading as Holmwood Private Aged Care Facility), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bonnie Bridge Pty Ltd (trading as Holmwood Private Aged Care Facility), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bonnie Bridge Pty Ltd T/A Holmwood Aged Care Facility. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation and Health Services Union of Australia, 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bonnie Bridge Pty Ltd (trading as Holmwood Aged Care Facility) sought the approval of the Fair Work Commission (FWC) for the Enterprise Agreement between themselves, the Australian Nursing and Midwifery Federation, and the Health Services Union. The application was challenged by the Health Services Union (Vic) Branch, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Full Bench of the FWC, which was required to determine whether the agreement complied with the Act.

The legal issues that the Full Bench was required to consider included whether the agreement met the requirements for individual employee coverage, whether the agreement provided for a fair and reasonable process for the resolution of disputes, and whether the agreement met the good faith bargaining requirement. The Full Bench considered the arguments made by both parties and the relevant legal principles.

In its decision, the Full Bench found that the agreement met the requirements of the Act. The Full Bench found that the agreement provided for individual employee coverage, that it provided for a fair and reasonable process for the resolution of disputes, and that it met the good faith bargaining requirement. The Full Bench also found that the agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment.

The Full Bench approved the agreement and made an order to that effect. The order was made under section 233 of the Fair Work Act 2009.

Bonnie Bridge Pty Ltd T/A Holmwood Aged Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established