DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buehler Aged Care
(AG2015/2522)

BUEHLER AGED CARE LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 MAY 2015

Application for approval of the Buehler Aged Care Ltd, ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Buehler Aged Care Ltd, ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buehler Aged Care Pty Ltd. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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, will operate from 20 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Buehler Aged Care Ltd, ANMF, and the Health Services Union (HSU) sought approval for their Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. The applicants argued the agreement was fair and reasonable, while the respondent, Buehler Aged Care Ltd, contested several provisions on grounds they were not in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for fair remuneration, conditions, and entitlements for the employees and whether it adhered to the criteria for approval under the Fair Work Act. The Commission had to consider whether the agreement provided for a safety net of minimum wages and conditions, whether it allowed for flexibility in the workplace, and whether it was free from any elements that could be considered coercive or oppressive.

The Fair Work Commission determined that the agreement was fair and reasonable in all respects. The Commission found that the agreement provided for adequate wages and conditions, including provisions for penalty rates and allowances, and was not contrary to the public interest. The Commission also found that the agreement did not contain any elements that could be considered coercive or oppressive. Accordingly, the application for approval was granted, and the Enterprise Agreement 2014 was approved.

Buehler 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