DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coleman Aged Care Group Pty Ltd
(AG2014/9816)

COLEMAN AGED CARE GROUP PTY LTD (TRADING AS BRICKENDON LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Coleman Aged Care Group Pty Ltd (trading as Brickendon Lodge), ANMF and HSU Enterprise Agreement 2014.

[1] On 7 November 2014 Coleman Aged Care Group Pty Ltd (Applicant) made an application for approval of the Coleman Aged Care Group Pty Ltd (trading as Brickendon Lodge), ANMF and HSU 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 Commission is 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.

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

[5]
The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 December 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Coleman Aged Care Group Pty Ltd (trading as Brickendon Lodge), the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The dispute was about the approval of their 2014 enterprise agreement. The case was heard in the Fair Work Commission. The applicants sought to have the agreement approved as a modern award, which would exempt it from the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as a modern award, particularly whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined various provisions of the agreement to determine if they met the statutory criteria. Key issues included whether the agreement adequately addressed the terms and conditions of employment, including pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also considered the process by which the agreement was negotiated and whether it was done in good faith and without coercion. Another significant point was whether the agreement included provisions that were contrary to public policy or that undermined the protections afforded by the Fair Work Act.

In its decision, the Commission found that the agreement substantially met the statutory criteria for approval as a modern award. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, hours of work, and leave entitlements. The agreement also included effective dispute resolution mechanisms that were in line with the statutory requirements. The Commission was satisfied that the agreement was negotiated in good faith and without coercion and that it did not contain any provisions that were contrary to public policy. Based on these findings, the Commission approved the agreement as a modern award.

The final orders of the Commission included the approval of the enterprise agreement as a modern award, effective from a specified date. The agreement was to be registered with the Fair Work Commission and would operate in lieu of the relevant award or awards. The decision was made under the authority of the Fair Work Act 2009, and the parties were directed to comply with the terms of the approved agreement.

Coleman Aged Care Group 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