DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eventide Lutheran Homes
(AG2015/2222)

EVENTIDE LUTHERAN HOMES HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 10 APRIL 2015

Application for approval of the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eventide Lutheran Homes. 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 Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 10 April 2015 and, in accordance with s.54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 31 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eventide Lutheran Homes, the applicant, sought approval of the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2015 in the Fair Work Commission. The respondent, the Health Services Employees' Union, did not oppose the application, but raised concerns about the scope of the agreement and its implications for employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval.

The central legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the coverage of the agreement and the process by which it was made. The Commission needed to consider whether the agreement was made in good faith and whether it provided for the fair and efficient resolution of workplace issues. Additionally, the Commission had to ensure that the agreement did not adversely affect the terms and conditions of employment of the employees covered by it.

In reaching its decision, the Fair Work Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was made in good faith and that it provided for the fair and efficient resolution of workplace issues. The Commission also determined that the agreement did not adversely affect the terms and conditions of employment of the employees covered by it. As such, the Commission approved the agreement, finding that it met the necessary standards for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Eventide Lutheran Homes Health and Allied Services Enterprise Agreement 2015, finding that it complied with the relevant provisions of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, provided for the fair and efficient resolution of workplace issues, and did not adversely affect the terms and conditions of employment of the employees covered by it.

Eventide Lutheran Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established