DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Diocese of Port Pirie Inc St Joseph's Home T/A St Joseph's Home
(AG2019/2811)

ST JOSEPH’S HOME NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 1 OCTOBER 2019

Application for approval of the St Joseph’s Home Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Joseph’s Home Nursing Employees (Aged Care) & ANMF 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 Catholic Diocese of Port Pirie Inc St Joseph's Home T/A St Joseph's Home. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Catholic Diocese of Port Pirie Inc St Joseph's Home T/A St Joseph's Home, the applicant sought approval of the St Joseph’s Home Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018. The dispute was lodged with the Fair Work Commission, which was tasked with determining whether the agreement should be approved. The agreement in question outlined terms and conditions for nursing employees working in aged care at St Joseph's Home.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly with regard to the protection of employees' rights, and whether it had been genuinely negotiated between the employer and the union. The Commission had to consider if the agreement was in the best interests of the employees and if it provided fair and reasonable terms.

The Commission concluded that the agreement was appropriately negotiated and met the statutory requirements for approval. It found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement included protections for employees' rights and provided mechanisms for the resolution of disputes. Based on these findings, the Commission approved the agreement.

The final orders of the Commission were that the St Joseph’s Home Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018 be approved. The approval was made effective from the date of the decision, ensuring that the terms and conditions set out in the agreement would apply to the relevant employees.

Catholic Diocese of Port Pirie Inc St Joseph's Home T/A St Joseph's Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established