Emmy Monash Aged Care Inc

[2013] FWCA 7001

FAIR WORK COMMISSION

DECISION

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

Emmy Monash Aged Care Inc
(AG2013/2636)

EMMY MONASH AGED CARE HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emmy Monash Aged Care Inc. 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 Agreement is approved and, in accordance with s.54, will operate from 20 September 2013. The nominal expiry date of the Agreement is 1 March 2017.

[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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Emmy Monash Aged Care Inc applied to the Fair Work Commission for approval of the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2013. The agreement sought to provide terms and conditions of employment for employees of Emmy Monash Aged Care Inc. The dispute was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement was in compliance with the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement. Specifically, the court had to determine if the agreement provided for procedural fairness, if it contained appropriate provisions for employees, and if the agreement was made in good faith. The court also had to consider if the agreement was fair and reasonable in all its circumstances.

The Fair Work Commission held that the agreement was in compliance with the Fair Work Act 2009 and met the requirements for an enterprise agreement. The court found that the agreement provided for procedural fairness, contained appropriate provisions for employees, and was made in good faith. The court also found that the agreement was fair and reasonable in all its circumstances. The court approved the agreement and noted that it provided for a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission approved the Emmy Monash Aged Care Health and Allied Services Enterprise Agreement 2013. The agreement was to be registered and would come into effect on the first day of the first calendar month following the registration. The approval of the agreement would provide certainty and stability for both the employer and the employees and would assist in the efficient operation of Emmy Monash Aged Care Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established