Darlingford Upper Goulburn Nursing Home Summary

[2013] FWCA 9985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darlingford Upper Goulburn Nursing Home
(AG2013/11454)

DARLINGFORD UPPER GOULBURN NURSING HOME (HEALTH AND ALLIED SERVICES, MANAGERS AND ADMINISTRATIVE OFFICERS) ENTERPRISE AGREEMENT 2011-2015

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Darlingford Upper Goulburn Nursing Home (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015.

[1] On 13 November 2013 Darlingford Upper Goulburn Nursing Home (Applicant) made an application for approval of the Darlingford Upper Goulburn Nursing Home (Health and Allied Services, Managers and Administrative Officers) Enterprise Agreement 2011-2015 (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 Applicant has provided written undertakings. The undertakings correct a drafting error and make it clear that employees may appoint a representative for the purpose of consultation regarding major workplace change. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union Victorian Branch (trading as the Health Workers’ Union) (HWU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The HWU, 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Darlingford Upper Goulburn Nursing Home sought approval for its Enterprise Agreement, specifically the Health and Allied Services, Managers and Administrative Officers Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission (FWC), which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the FWC involved examining whether the agreement provided fair terms and conditions for employees and whether it was in the best interests of the employees and the organisation. The FWC had to assess if the agreement complied with the procedural requirements, including whether proper consultation had occurred and if the agreement contained the necessary minimum terms and conditions.

The FWC carefully examined the terms of the agreement, the consultation process, and the bargaining positions of the parties. The FWC found that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the nursing home and its employees. The FWC was satisfied that the agreement had been negotiated in good faith and that the consultation process had been appropriate and comprehensive. The FWC concluded that the agreement was in the best interests of the employees and the organisation and met all the statutory requirements.

The FWC approved the agreement, allowing it to come into effect. The FWC's decision was based on the fair terms and conditions provided for in the agreement, the proper consultation process, and the overall benefits to the employees and the organisation. The nursing home could now implement the agreed terms, which would govern the employment conditions for the relevant employees for the specified period.

Darlingford Upper Goulburn Nursing Home

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established