DECISION

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

Clayton Church Homes Inc
(AG2015/6731)

CLAYTON CHURCH HOMES INC NURSING EMPLOYEES AND ANMF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 3 DECEMBER 2015

Application for approval of the Clayton Church Homes Inc Nursing Employees and ANMF Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Clayton Church Homes Inc Nursing Employees and ANMF Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Clayton Church Homes Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 10 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clayton Church Homes Inc, an aged care provider, applied to the Fair Work Commission for approval of an enterprise agreement with its nursing staff. The Australian Nursing and Midwifery Federation (ANMF) represented the employees in the negotiations. The primary nature of the dispute involved ensuring the agreement met all the necessary legislative requirements under the Fair Work Act 2009 and was in the best interests of the employees and the employer. The Fair Work Commission, as the body responsible for assessing and approving enterprise agreements, was the court in this instance.

The central legal issues the Commission needed to address included whether the agreement complied with the statutory prerequisites for an enterprise agreement, whether it was genuinely negotiated, and whether it met the 'better off overall test' (BOOT). The Commission also had to consider if the agreement contained appropriate dispute resolution mechanisms and if it complied with the 'no disadvantage test' (NDT). Furthermore, the Commission examined whether the agreement adequately protected employees' rights and whether it was fair and reasonable in all its terms.

In its decision, the Commission determined that the Clayton Church Homes Inc Nursing Employees and ANMF Enterprise Agreement 2015 was compliant with the statutory requirements. It found that the agreement was genuinely negotiated between the parties, met the BOOT, and adhered to the NDT. The Commission also concluded that the agreement contained suitable dispute resolution mechanisms and did not place employees at a disadvantage in comparison to the applicable awards. As a result, the Commission approved the enterprise agreement, recognising it as fair and reasonable for both the employees and the employer. This decision ensured that the agreement would provide a stable framework for the working conditions and terms of employment for the nursing staff at Clayton Church Homes Inc.

Clayton Church 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