DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corpus Christi Community Greenvale Inc
(AG2016/2673)

CORPUS CHRISTI COMMUNITY GREENVALE INC HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 22 APRIL 2016

Application for approval of the Corpus Christi Community Greenvale Inc Health and Allied Services Enterprise Agreement 2016.

[1] On 29 March 2016 Corpus Christi Community Greenvale Inc (Applicant) made an application for approval of the Corpus Christi Community Greenvale Inc Health and Allied Services Enterprise Agreement 2016 (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, has been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 April 2016. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Corpus Christi Community Greenvale Inc, which sought approval for its Health and Allied Services Enterprise Agreement 2016. The Fair Work Commission was the court responsible for this matter. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically whether it met the legal requirements for approval under the Fair Work Act 2009.

The legal issues revolved around whether the agreement contained the minimum required provisions as outlined by the Act and if it adhered to the Fair Work (Registered Organisations) Act 2009. This included assessing if the agreement was fair and reasonable, and if it provided for the efficient, productive and economic operation of the employer’s business. The Commission also considered if the agreement met the criteria for the approval of an enterprise agreement without a vote.

The Commission determined that the proposed agreement did indeed include all the necessary minimum provisions and met the criteria for approval without a vote. It found the agreement to be fair and reasonable, considering the evidence presented by both parties. The Commission concluded that the agreement would facilitate the efficient, productive and economic operation of the employer’s business. As a result, the Commission approved the Health and Allied Services Enterprise Agreement 2016 for the specified period.

The final orders of the Commission included the approval of the enterprise agreement for a duration of three years, from the date of the decision. The agreement was to commence from the date of signing by the parties. The approval was contingent on the agreement being registered with the Fair Work Commission within the specified timeframe.

Corpus Christi Community Greenvale Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established