Churches of Christ Life Care Inc Summary

[2016] FWCA 1447

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Churches of Christ Life Care Inc T/A Life Care

(AG2016/2372)

CHURCHES OF CHRIST LIFE CARE INC NURSING EMPLOYEES -

ANMF (AGED CARE) - ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services

COMMISSIONER ROE

MELBOURNE, 7 MARCH 2016

Application for approval of the Churches of Christ Life Care Inc Nursing Employees - ANMF

(Aged Care) - Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Churches of Christ Life Care Inc Nursing Employees - ANMF (Aged Care) - Enterprise

Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (the Act). It has been made by Churches of Christ Life Care Inc T/A Life

Care. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[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.
[2016] FWCA 1447

[5] The Agreement was approved on 7 March 2016 and, in accordance with s.54, will

operate from 14 March 2016. The nominal expiry date of the Agreement is 31 December

2017.

COMMISSIONER

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[2016] FWCA 1447

Annexure A

[2016] FWCA 1447

CaseChat Overview and Summary

The case of Churches of Christ Life Care Inc involved an application for the approval of a single-enterprise agreement, specifically the Churches of Christ Life Care Inc Nursing Employees - ANMF (Aged Care) - Enterprise Agreement 2015 - 2018. The applicant, Churches of Christ Life Care Inc T/A Life Care, sought approval under section 185 of the Fair Work Act 2009. The agreement in question was to be applied to the nursing employees of the organisation and was to be governed by the Australian Nursing and Midwifery Federation. The application was heard by Commissioner Roe in Melbourne on 7 March 2016.

The legal issues the court was required to decide included whether the application met the requirements of sections 186, 187, 188, and 190 of the Act, and whether the agreement would result in financial detriment to any employee or substantial changes to the agreement. Additionally, the court needed to consider whether the agreement was fairly chosen and whether it should cover the entire organisation as stipulated by the bargaining representative.

Commissioner Roe concluded that the application met the statutory requirements for approval. The undertakings provided by the applicant ensured that no employee would suffer financial detriment, and the agreement would not undergo substantial changes. The court also found that the group of employees covered by the agreement was fairly chosen, despite the agreement not covering all employees of the organisation. Given the notice provided by the Australian Nursing and Midwifery Federation under section 183 of the Act, the court determined that the agreement should cover the organisation as per section 201(2). The agreement was approved and set to operate from 14 March 2016, with a nominal expiry date of 31 December 2017.

Churches of Christ Life Care Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established