DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christadelphian Welfare Association (Vic) Inc T/A Olivet Aged Persons Home
(AG2018/802)

OLIVET AGED PERSON’S HOME NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the Olivet Aged Person’s Home Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Olivet Aged Person’s Home Nurses 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 Christadelphian Welfare Association (Vic) Inc T/A Olivet Aged Persons 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] I observe the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 24 - personal/carer’s leave;

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Christadelphian Welfare Association (Vic) Inc, trading as Olivet Aged Persons Home, applied to the Fair Work Commission for approval of the Olivet Aged Person’s Home Nurses Enterprise Agreement 2018. The applicant sought to finalise the agreement, which had been in operation since 1 January 2018, and to have it approved as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act, particularly whether the agreement was made in good faith and whether it was in the best interests of the employees.

The Commission examined the negotiation process and the content of the agreement to assess compliance with the statutory criteria. The Commission considered the evidence provided by the parties and assessed the fairness and appropriateness of the terms of the agreement. The Commission concluded that the agreement was made in good faith and was in the best interests of the employees, taking into account the specific circumstances of the workplace and the need for an agreement that balanced the interests of both the employer and the employees. The Commission found that the agreement adequately addressed the rights, obligations, and duties of the parties and provided for the proper management of the workplace.

The Commission approved the agreement, finding that it met all the necessary criteria under the Fair Work Act. The approval of the agreement as a registered agreement meant that it would be enforceable and binding on all parties from the date of registration. The decision highlighted the importance of ensuring that enterprise agreements are made in good faith and are in the best interests of the employees, while also considering the practical and operational needs of the workplace. The final orders confirmed the approval of the Olivet Aged Person’s Home Nurses Enterprise Agreement 2018, providing certainty and stability for the parties involved.

Christadelphian Welfare Association (Vic) Inc T/A Olivet Aged Persons Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established