DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elderly Chinese Home Inc.
(AG2018/6562)

ELDERLY CHINESE HOME INC., ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 1 JULY 2019

Application for approval of the Elderly Chinese Home Inc., ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Elderly Chinese Home 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 Elderly Chinese Home Inc.. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[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 the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Elderly Chinese Home Inc., the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement complied with the necessary legal and procedural requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the standards of good faith bargaining, if it contained all the mandatory terms and conditions, and whether the necessary procedures for employee consultation and approval were followed correctly.

The court undertook a thorough examination of the agreement, considering various submissions from the involved parties. It assessed the processes followed during negotiations and the fairness of the agreement's terms. The court concluded that the agreement met the statutory requirements, including the necessary consultation with employees and the adherence to good faith bargaining principles. The court found that all mandatory terms were included and that the agreement was fairly negotiated. The evidence presented showed that employees were adequately informed and had the opportunity to participate in the decision-making process.

As a result of the findings, the court approved the enterprise agreement. The decision affirmed that the agreement was compliant with the Fair Work Act and met all necessary legal standards. The court's approval allows the agreement to be implemented as intended, providing a framework for the employment conditions of the workers at Elderly Chinese Home Inc.

Elderly Chinese Home Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established