Edith Bendall Lodge Inc.

[2014] FWCA 4211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Edith Bendall Lodge Inc.
(AG2014/6278)

EDITH BENDALL LODGE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 25 JUNE 2014

Application for approval of the Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 2 June 2014 Edith Bendall Lodge Inc. (Applicant) made an application for approval of the Edith Bendall Lodge Inc., 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 Fair Work Commission (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 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 to be covered by the Agreement. 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 2 July 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

Edith Bendall Lodge Inc. sought approval of their 2014 Enterprise Agreement from the Fair Work Commission. The Australian Nursing and Midwifery Federation and the Health Services Union were also parties to the application. The dispute centred on the terms and conditions outlined in the proposed agreement, particularly those related to wages, working conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the terms and conditions of the proposed agreement were fair and reasonable in all respects, in accordance with the Fair Work Act 2009. This involved assessing the balance of the agreement, the fairness of the terms, and whether the agreement met the requirements for being a small business national workplace agreement.

The Commission found that the proposed agreement was fair and reasonable, taking into account the nature of the workplace, the needs of the employees, and the ability of Edith Bendall Lodge Inc. to meet the financial implications of the agreement. The Commission noted the cooperative approach taken by both the employer and the unions in negotiating the terms, which contributed to a balanced and fair agreement. The Commission approved the Edith Bendall Lodge Inc. 2014 Enterprise Agreement, providing certainty and stability for the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established