DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care
(AG2017/3294)

EMMY MONASH AGED CARE NURSES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 JANUARY 2018

Application for approval of the Emmy Monash Aged Care Nurses Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Emmy Monash Aged Care Nurses 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 Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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.

[5] The Agreement was approved on 16 January 2018 and, in accordance with s.54, will operate from 23 January 2018. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emmy Monash Aged Care Inc, trading as Emmy Monash Aged Care, sought approval of the Emmy Monash Aged Care Nurses Enterprise Agreement 2017 in the Fair Work Commission. The application was brought about by the need to formalise the terms and conditions of employment for nurses under the new agreement, which had been negotiated between the employer and the Australian Nursing and Midwifery Federation (ANMF). The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issue before the Commission was whether the Emmy Monash Aged Care Nurses Enterprise Agreement 2017 was a 'registered agreement' as defined in the Fair Work Act. This required the Commission to consider if the agreement had been fairly negotiated, contained permissible content, and complied with procedural requirements. The Commission needed to ensure the agreement was free from any improper influences and was genuinely negotiated between the employer and the union. Additionally, the Commission examined whether the agreement met the criteria for minimum terms and conditions, as outlined in the Act.

The Fair Work Commission found that the Emmy Monash Aged Care Nurses Enterprise Agreement 2017 was fairly negotiated and contained permissible content. The Commission noted the evidence provided by both parties, which demonstrated that the agreement had been developed through a process of good faith bargaining. The agreement was also found to comply with all procedural requirements and met the minimum standards set out in the Fair Work Act. Consequently, the Commission approved the agreement, confirming its status as a registered agreement under the Act.

The Fair Work Commission's decision approved the Emmy Monash Aged Care Nurses Enterprise Agreement 2017, effective from the date of the decision. This approval formalised the terms and conditions of employment for nurses at Emmy Monash Aged Care, ensuring that they are governed by the agreed-upon provisions. The Commission's ruling provided certainty and clarity for both the employer and the employees, solidifying the agreement as a binding contract under the Fair Work Act.

Emmy Monash Aged Care Inc T/A Emmy Monash Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established