DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eyre Peninsula Old Folks Home Inc
(AG2019/911)

EYRE PENINSULA OLD FOLKS HOME INC NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MAY 2019

Application for approval of the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2019.

[1] Eyre Peninsula Old Folks Home Inc 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 2019 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] The Agreement lodged contained a typographical error at cl 4.5.6. On 6 May 2019, the Applicant filed an application pursuant to s 586 of the Act, and an amended version of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act. The errors are corrected in the published Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 9 May 2019 and, in accordance with s 54, will operate from 16 May 2019. The nominal expiry date of the Agreement is 31 December 2021

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In this matter, the Eyre Peninsula Old Folks Home Inc applied for the approval of the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2019. The dispute arose from the need to ensure the agreement met the criteria under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The central legal issues for the court to determine were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. This involved examining whether the agreement was fairly negotiated, if it contained the minimum terms and conditions, and whether it was free from any unlawful provisions. The court also had to assess if the agreement met the standards of good faith bargaining and whether it provided adequate protections for the employees.

The court, in its reasoning, noted that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. It found that the agreement was procedurally sound and substantively fair, providing adequate protections for the employees. The court was satisfied that the agreement met the statutory requirements and did not contain any unlawful provisions. Based on this, the court approved the agreement, confirming its compliance with the Fair Work Act 2009.

The final orders of the court were that the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2019 be approved as meeting the criteria under the Fair Work Act 2009. The agreement was deemed to be in effect from the date of the approval.

Eyre Peninsula Old Folks Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established