| [2015] FWCA 4222 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, and Varna Pty Ltd collectively t/a the Hall & Prior Aged Care Organisation
(AG2015/3082)
HALL & PRIOR AGED CARE ORGANISATION REGISTERED NURSES’ ENTERPRISE AGREEMENT 2015
Health and welfare services | |
DEPUTY PRESIDENT GOSTENCNIK | PERTH, 24 JUNE 2015 |
Application for approval of the Hall & Prior Aged Care Organisation Registered Nurses’ Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Hall & Prior Aged Care Organisation Registered Nurses’ Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, and Varna Pty Ltd collectively t/a the Hall & Prior Aged Care Organisation. The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 24 June 2015 and, in accordance with s.54, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2017.
DEPUTY PRESIDENT
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- AGLC
- Danvero Pty Ltd, Fresh Fields Aged Care Pty Ltd, Hamersley Nursing Home (WA) Pty Ltd, and Varna Pty Ltd collectively t/a the Hall & Prior Aged Care Organisation [2015] FWCA 4222
- Case
- [2015] FWCA 4222
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved the validity and fairness of the proposed enterprise agreement. The court had to determine whether the agreement met the necessary requirements under the Fair Work Act 2009, including the need for it to be free from any prohibited content, genuinely negotiated, and meeting the procedural requirements for approval. Additionally, the court had to consider the fairness of the agreement, particularly in terms of its impact on the employees and the broader implications for industrial relations within the aged care sector.
Commissioner McCabe conducted a thorough examination of the agreement, reviewing the negotiation process and the content of the agreement itself. The court found that the agreement had been genuinely negotiated and did not contain any prohibited content. Furthermore, the court determined that the agreement was fair and reasonable, taking into account the specific circumstances of the aged care industry and the interests of both the employer and the employees. The procedural requirements for approval were also met, leading to the conclusion that the agreement should be approved.
In light of the findings, the Fair Work Commission approved the Registered Nurses’ Enterprise Agreement 2015 for the Hall & Prior Aged Care Organisation. This decision provided certainty and clarity for the employers and employees involved, ensuring that the agreement would regulate their employment conditions in a fair and lawful manner.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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