DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd
(AG2015/1828)

CHELTENHAM MANOR PTY LTD (TRADING AS CHELTENHAM MANOR) AND GREENWOOD MANOR PTY LTD (TRADING AS GREENWOOD MANOR) ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 5 MAY 2015

Application for approval of the Cheltenham Manor Pty Ltd (trading as Cheltenham Manor) and Greenwood Manor Pty Ltd (trading as Greenwood Manor) Enterprise Agreement 2014.

[1] On 9 February 2015 Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd (Applicant) made an application for approval of the Cheltenham Manor Pty Ltd (trading as Cheltenham Manor) and Greenwood Manor Pty Ltd (trading as Greenwood Manor) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation (Victorian Branch) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd brought an application for the approval of their Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for a registered agreement, including whether it provided for the fair and reasonable terms of employment.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act, particularly in relation to the provision of minimum rates of pay, penalty rates, and other terms and conditions that were fair and reasonable. The applicant argued that the agreement was appropriately negotiated and met all the statutory requirements, while no objections were formally raised by other parties.

The Commission found that the agreement provided for fair and reasonable terms and conditions, including appropriate rates of pay and other employment conditions. The Commission noted that the agreement was the result of negotiations between the parties and did not contain any provisions that would be unfair or unreasonable. Accordingly, the Commission approved the agreement, finding that it met all the necessary statutory requirements.

The Fair Work Commission approved the Enterprise Agreement 2014, determining that it provided for fair and reasonable terms and conditions of employment and met all statutory requirements under the Fair Work Act.

Cheltenham Manor Pty Ltd and Greenwood Manor Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established