DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eldercare Inc T/A Eldercare
(AG2017/5875)

ELDERCARE INC NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2019

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Eldercare Inc Nursing Employees Enterprise Agreement 2017- 2019.

[1] An application has been made for approval of an enterprise agreement known as the Eldercare Inc Nursing Employees Enterprise Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eldercare Inc T/A Eldercare. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Eldercare Inc, trading as Eldercare, who sought approval of the Eldercare Inc Nursing Employees Enterprise Agreement 2017-2019. The Fair Work Commission was tasked with reviewing and approving the enterprise agreement. The Commission was presented with arguments from both Eldercare and the registered union, Health Services Union of Australia (HSU), concerning the fairness and enforceability of the agreement.

The primary legal issues for the Commission to determine were whether the agreement complied with the relevant statutory requirements, and if it was fair and reasonable in all its terms. This included assessing whether the agreement was appropriately negotiated, whether it contained appropriate dispute resolution mechanisms, and if it provided for adequate protections for employees. The Commission had to ensure the agreement did not adversely affect employees' rights and was not contrary to public policy.

The Commission found that the agreement was appropriately negotiated and contained suitable dispute resolution provisions. It also noted that the agreement provided for adequate protections for employees, including provisions for reasonable working hours and appropriate leave entitlements. The Commission concluded that the agreement was fair and reasonable in all its terms and did not contravene any relevant legislation or public policy. Therefore, the Commission approved the agreement.

The final orders of the Commission were that the Eldercare Inc Nursing Employees Enterprise Agreement 2017-2019 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to be registered with the Commission and would be in effect from the date of the decision.

Eldercare Inc T/A Eldercare

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established