DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carewest Group Pty Ltd as Trustee for the Merange Family Trust T/A Allanvale Private Nursing Home
(AG2015/4654)

CAREWEST GROUP PTY LTD AS TRUSTEE FOR THE MERANGE FAMILY TRUST (TRADING AS ALLANVALE PRIVATE NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Carewest Group Pty Ltd as Trustee for the Merange Family Trust (trading as Allanvale Private Nursing Home), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carewest Group Pty Ltd as Trustee for the Merange Family Trust (trading as Allanvale Private Nursing Home), 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 Carewest Group Pty Ltd as Trustee for the Merange Family Trust T/A Allanvale Private Nursing Home. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Health Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Carewest Group Pty Ltd as Trustee for the Merange Family Trust, trading as Allanvale Private Nursing Home, applied for approval of a proposed enterprise agreement. The applicant sought to enter into an agreement with two unions, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute centred around the terms of the proposed agreement and its compliance with relevant industrial legislation. The Fair Work Commission was tasked with assessing the fairness and compliance of the agreement with the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed agreement met the criteria for "satisfactory" approval under the Fair Work Act. This included evaluating if the agreement contained the necessary minimum terms, was free from prohibited content, and was made in good faith. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees covered by it, and if it adhered to the procedural requirements for approval.

The Commission examined the proposed agreement's provisions, including wages, conditions, and dispute resolution mechanisms. The applicant provided evidence of the negotiation process and submissions from both parties. The Commission found that the agreement contained all the required minimum terms and was free from prohibited content. It also determined that the agreement was made in good faith and provided fair and reasonable terms for the employees. The Commission was satisfied that the procedural requirements for approval had been met, leading to the conclusion that the agreement was satisfactory and should be approved.

Accordingly, the Fair Work Commission approved the proposed enterprise agreement between Carewest Group Pty Ltd as Trustee for the Merange Family Trust, trading as Allanvale Private Nursing Home, and the Australian Nursing and Midwifery Federation and the Health Services Union. The approval took effect on the date specified in the agreement, providing legal certainty and a framework for the employment relationship between the parties.

Carewest Group Pty Ltd as Trustee for the Merange Family Trust T/A Allanvale Private Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established