DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bonnie Bridge Pty Ltd T/A Holmwood Aged Care
(AG2018/6008)

BONNIE BRIDGE PTY LTD (TRADING AS HOLMWOOD PRIVATE AGED CARE FACILITY), ANMF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2019

Application for approval of the Bonnie Bridge Pty Ltd (trading as Holmwood Private Aged Care Facility), ANMF Enterprise Agreement 2018.

[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 Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bonnie Bridge Pty Ltd T/A Holmwood Aged Care. The Agreement is a single enterprise agreement.

[2] The Employer 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bonnie Bridge Pty Ltd, trading as Holmwood Aged Care, sought approval of the 2018 ANMF Enterprise Agreement from the Fair Work Commission. The application came before Commissioner Smith, who was tasked with determining whether the agreement was in the interests of the employees and complied with the relevant legislative provisions. The dispute centred on the adequacy of the proposed agreement in terms of employee entitlements, working conditions, and procedural fairness in the negotiation process.

The primary legal issue was whether the agreement met the requirements under the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employees' rights. Commissioner Smith examined whether the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions of employment. Additionally, the Commissioner had to ensure that the agreement did not undermine the protection of employees' rights as provided by the Act.

In his decision, Commissioner Smith found that the agreement was not procedurally fair as the employer had not provided the necessary information to the union representatives to enable effective negotiation. The employer failed to disclose key financial and operational data, which hindered the union's ability to negotiate on behalf of its members. The Commissioner also found that the proposed agreement did not adequately address the employees' entitlements and conditions of employment. Consequently, the application was dismissed, and the agreement was not approved.

Bonnie Bridge Pty Ltd T/A Holmwood Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established