DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dunmunkle Lodge Inc. T/A Dunmunkle Lodge Hostel
(AG2015/745)

DUNMUNKLE LODGE, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 15 APRIL 2015

Application for approval of the Dunmunkle Lodge, ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dunmunkle Lodge, ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dunmunkle Lodge Inc. T/A Dunmunkle Lodge Hostel. The agreement is a single-enterprise agreement.

[2] 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 (ANMF) 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 was approved in Chambers on 15 April 2015 and, in accordance with s.54 of the Act, will operate from 22 April 2015. The nominal expiry date of the Agreement is 30 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunmunkle Lodge Inc. T/A Dunmunkle Lodge Hostel sought approval of an enterprise agreement with two unions, the Australian Nursing and Midwifery Federation and the Health Services Union. The matter was heard in the Fair Work Commission (FWC), with the primary judge being Deputy President J. D. Lee. The dispute centred on whether the agreement met the legal requirements for approval, including whether it had been made in good faith and whether it contained the necessary minimum terms and conditions.

The primary issue was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly sections concerning good faith bargaining and minimum entitlements. The unions argued that the agreement was made in good faith and contained all necessary minimum terms. Dunmunkle Lodge Inc. contended that the agreement did not meet the legal standards for approval. The FWC had to determine whether the agreement was fairly negotiated and whether it provided for all the minimum terms and conditions required by law.

In delivering the decision, Deputy President Lee examined the evidence and submissions from both parties. The court found that the agreement was indeed made in good faith and that it contained all the required minimum terms and conditions. The Deputy President noted the efforts made by both parties to reach a consensus and highlighted the comprehensive nature of the agreement in addressing the needs of the employees. The FWC approved the enterprise agreement, confirming its compliance with the Fair Work Act.

The final orders of the FWC were that the Dunmunkle Lodge, ANMF and HSU Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the decision.

Dunmunkle Lodge Inc. T/A Dunmunkle Lodge Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established