DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edith Bendall Lodge T/A Edith Bendall Lodge Inc.
(AG2017/5350)

EDITH BENDALL LODGE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 MAY 2018

Application for approval of the Edith Bendall Lodge Inc., ANFM and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Edith Bendall Lodge Inc., ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Edith Bendall Lodge T/A Edith Bendall Lodge Inc. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being a 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 9 May 2018 and, in accordance with s.54, will operate from 16 May 2018. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case involved Edith Bendall Lodge T/A Edith Bendall Lodge Inc. and the Health Services Union (HSU). The dispute centred around the approval of the Edith Bendall Lodge Inc. Aged Nurses Facility Management (ANFM) and HSU Enterprise Agreement 2017. The matter was heard in the Fair Work Commission.

The legal issues that the court needed to address included whether the agreement met the necessary conditions for approval under the Fair Work Act 2009, particularly in terms of the agreement's compliance with the good faith bargaining obligations, and whether the agreement appropriately addressed the terms and conditions of employment for the relevant employees. Additionally, the court needed to consider the fairness and reasonableness of the terms proposed in the agreement.

The court found that the Edith Bendall Lodge Inc. had engaged in good faith bargaining with the HSU. The agreement was deemed to comply with the requirements of the Fair Work Act, including the obligations to bargain in good faith. The court also concluded that the terms and conditions proposed in the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the operational requirements of the facility. The court was satisfied that the agreement appropriately balanced the interests of both the employer and the employees.

As a result, the court approved the Edith Bendall Lodge Inc. ANFM and HSU Enterprise Agreement 2017. The agreement was found to meet all the necessary legal standards and was therefore approved, allowing it to come into effect.

Edith Bendall Lodge T/A Edith Bendall Lodge Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established