Broadmeadows Turkish Islamic Cultural Centre Inc Summary

[2014] FWCA 6977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadmeadows Turkish Islamic Cultural Centre Inc
(AG2014/8900)

BROADMEADOWS TURKISH ISLAMIC CULTURAL CENTRE INC. (TRADING AS OTTOMAN VILLAGE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Broadmeadows Turkish Islamic Cultural Centre Inc. (trading as Ottoman Village Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 5 September 2014 the Broadmeadows Turkish Islamic Cultural Centre Inc (Applicant) made an application for approval of the Broadmeadows Turkish Islamic Cultural Centre Inc. (trading as Ottoman Village Aged Care), ANMF and HSU Enterprise Agreement 2014 (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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. Also on 5 September 2014, Mr Leigh Hubbard of the Australian Nursing and Midwifery Federation (ANMF) advised that the Agreement was lodged late due to a miscommunication between him and the employer. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[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, have been met.

[4] The ANMF and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 October 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Broadmeadows Turkish Islamic Cultural Centre Inc., the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The dispute centred on the approval of an enterprise agreement made between these parties. The Fair Work Commission (FWC) was the court responsible for hearing and deciding the case.

The legal issues before the FWC were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement met the 'better off overall test' (BOOT) and if it was fairly negotiated. The FWC also had to consider whether the agreement provided for appropriate terms and conditions that were consistent with the overarching principles of the Fair Work Act.

The FWC found that the proposed enterprise agreement met the better off overall test, as it offered improved terms and conditions for the employees without imposing undue financial hardship on the employer. The FWC was satisfied that the agreement was fairly negotiated, as both parties had engaged in good faith and had reached the terms through a process of consultation and compromise. The FWC also found that the agreement provided for appropriate terms and conditions, and that it aligned with the principles of the Fair Work Act. Based on these findings, the FWC approved the enterprise agreement.

The FWC made an order approving the enterprise agreement between the Broadmeadows Turkish Islamic Cultural Centre Inc., the ANMF, and the HSU. The agreement was deemed to be in effect as of the date of the FWC's decision.

Broadmeadows Turkish Islamic Cultural Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established