DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carinya Lodge Homes Inc.
(AG2015/1930)

CARINYA LODGE HOMES INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 12 MARCH 2015

Application for approval of the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Carinya Lodge Homes Inc., 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 Carinya Lodge Homes Inc. 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 Agreement is approved and, in accordance with s.54, will operate from 19 March 2015. The nominal expiry date of the Agreement is 31 May 2017.

[4] The Australian Nursing & 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carinya Lodge Homes Inc. sought approval for the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009. Specifically, the application required the Commission to determine if the agreement was in the public interest and met the 'better off overall test' as per the Fair Work Act.

The legal issues for the Commission to decide included whether the terms of the enterprise agreement provided for fair and reasonable conditions of employment, and whether the agreement provided employees with benefits that were at least equal to the relevant industrial instrument or the national minimum conditions of employment. Additionally, the Commission had to assess if the agreement was made in good faith and if it met the 'better off overall test'. This required a detailed examination of the proposed terms and their implications for both the employees and the employer.

The Commission found that the agreement was in the public interest and met the 'better off overall test'. The terms provided for fair and reasonable conditions of employment, and the employees would receive benefits at least equal to the relevant industrial instrument or the national minimum conditions of employment. The Commission also determined that the agreement was made in good faith. Consequently, the application was approved.

The Fair Work Commission approved the Carinya Lodge Homes Inc., ANMF and HSU Enterprise Agreement 2014. The decision was made on the basis that the agreement was in the public interest, met the 'better off overall test', provided fair and reasonable conditions of employment, and was made in good faith. The agreement was therefore approved in accordance with the Fair Work Act 2009.

Carinya Lodge Homes Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established