Emmy Monash Aged Care Inc

[2013] FWCA 6728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmy Monash Aged Care Inc
(AG2013/2635)

EMMY MONASH AGED CARE NURSES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 6 SEPTEMBER 2013

Application for approval of the Emmy Monash Aged Care Nurses Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Emmy Monash Aged Care Nurses 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 13 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 sought approval of the Emmy Monash Aged Care Nurses Enterprise Agreement 2013. The applicant argued that the agreement was in the best interests of the employees, the employer, and the community. The application was heard in the Fair Work Commission, with the Deputy President, Sarah Chapman, presiding.

The legal issues for the court to consider were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees, the employer, and the community. The applicant argued that the agreement was in the best interests of all parties and complied with the relevant legislation.

The Deputy President found that the agreement complied with the Fair Work Act 2009 and was in the best interests of the employees, the employer, and the community. The Deputy President noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Deputy President also noted that the agreement provided for a dispute resolution process that was fair and effective.

The Deputy President approved the Emmy Monash Aged Care Nurses Enterprise Agreement 2013. The applicant was granted the relief it had sought.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established