| [2023] FWCA 2399 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Eyre Peninsula Old Folks Home Inc
(AG2023/2491)
EYRE PENINSULA OLD FOLKS HOME INC NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2023
| Aged care industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 1 AUGUST 2023 |
Application for approval of the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2023
Eyre Peninsula Old Folks Home Inc (the Applicant) has made an application for the approval of an enterprise agreement known as the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, I am 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.
The Australian Nursing and Midwifery Federation (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 1 August 2023 and, in accordance with s 54, will operate from 8 August 2023. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
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- AGLC
- Eyre Peninsula Old Folks Home Inc [2023] FWCA 2399
- Case
- [2023] FWCA 2399
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act and if it provided for the fair and reasonable terms and conditions of employment for the nursing staff. The Commission had to consider if the agreement was genuinely negotiated, if it contained the minimum terms and conditions prescribed by the Act, and if it complied with the procedural requirements for approval. The Commission also had to ensure that the agreement did not unfairly disadvantage any party and was consistent with the broader objectives of the Act, which includes promoting high standards of working conditions and facilitating cooperative workplace relations.
The Fair Work Commission determined that the agreement met all the necessary criteria for approval. The Commission found that the agreement was genuinely negotiated between the parties, contained the minimum terms and conditions as required by law, and was consistent with the objectives of the Fair Work Act. The Commission also concluded that the agreement was fair and reasonable, did not unfairly disadvantage any party, and complied with all procedural requirements. Based on these findings, the Commission approved the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2023.
The Fair Work Commission approved the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2023, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the nursing staff are legally recognised and enforceable, providing a framework for the ongoing employment relationship between the employer and the employees.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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