Elderly Chinese Home Inc.

[2014] FWCA 8446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elderly Chinese Home Inc.
(AG2014/9289)

ELDERLY CHINESE HOME INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Elderly Chinese Home Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 8 October 2014 Elderly Chinese Home Inc. (Applicant) made an application for approval of the Elderly Chinese Home 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 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, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 December 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

The case of Elderly Chinese Home Inc. was brought before the Fair Work Commission in 2014. The applicant, Elderly Chinese Home Inc., sought approval of an Enterprise Agreement with the Australian Nursing and Midwifery Federation and the Health Services Union. The nature of the dispute centred around the terms and conditions of employment for the workers covered by the proposed agreement, specifically those working in the aged care sector.

The primary legal issues the court was required to decide involved the fairness and validity of the proposed Enterprise Agreement. This included whether the agreement provided for minimum terms and conditions of employment that complied with the Fair Work Act 2009, whether it contained appropriate mechanisms for resolving disputes, and whether the agreement had been negotiated in good faith. Additionally, the court had to consider the extent to which the agreement complied with the statutory requirements for employee representation.

In its reasoning, the Fair Work Commission found that the proposed Enterprise Agreement met the statutory requirements for approval. The agreement was deemed to be fair and reasonable, providing for minimum terms and conditions of employment that were not less favourable than the relevant national workplace determination. The commission found that the agreement contained adequate dispute resolution mechanisms and that it had been negotiated in good faith. The court concluded that the agreement complied with all necessary statutory provisions, and thus approved the application for the agreement to be registered.

As a result of the court's decision, the Elderly Chinese Home Inc. ANMF and HSU Enterprise Agreement 2014 was approved and registered, thereby establishing the terms and conditions of employment for the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established