DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buehler Aged Care Pty Ltd T/A Country Club Lodge Shoreham House
(AG2019/568)

BUEHLER AGED CARE PTY LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2019

Application for approval of the Buehler Aged Care Pty Ltd, ANMF and HSU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Buehler Aged Care Pty Ltd, ANMF and HSU 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 Buehler Aged Care Pty Ltd T/A Country Club Lodge Shoreham House. 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 Australian Nursing and Midwifery Federation, and the 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) 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 3 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Buehler Aged Care Pty Ltd, trading as Country Club Lodge Shoreham House, applied to the Fair Work Commission for approval of the Buehler Aged Care Pty Ltd, ANMF and HSU Enterprise Agreement 2018. The application involved the terms and conditions of employment for the employees under the enterprise agreement. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and met the requirements for an enterprise agreement under the Act.

The legal issues centred around the provisions of the Fair Work Act 2009, specifically sections that outline the process for the approval of an enterprise agreement. The Commission needed to assess if the agreement was genuinely an enterprise agreement, if it was made in good faith, and if it contained the minimum terms and conditions as required by the Act. Additionally, the Commission had to consider if the agreement complied with the provisions regarding employee representation and the process for making the agreement.

In its decision, the Fair Work Commission found that the Buehler Aged Care Pty Ltd, ANMF and HSU Enterprise Agreement 2018 complied with the statutory requirements of the Fair Work Act 2009. The Commission determined that the agreement was genuinely an enterprise agreement, was made in good faith, and contained the necessary minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement had been made following a proper process, with appropriate employee representation. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval of the Buehler Aged Care Pty Ltd, ANMF and HSU Enterprise Agreement 2018, effective from the date of the Commission's decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, subject to any variations or amendments that may be made in accordance with the Fair Work Act 2009.

Buehler Aged Care Pty Ltd T/A Country Club Lodge Shoreham House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established