DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eyre Peninsula Old Folks Home Inc
(AG2016/866)

EYRE PENINSULA OLD FOLKS HOME INC NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2016

Application for approval of the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eyre Peninsula Old Folks Home 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 is approved and, in accordance with s.54 of the Act, will operate from 8 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Eyre Peninsula Old Folks Home Inc, which sought approval for the Eyre Peninsula Old Folks Home Inc Nursing Employees & ANMF Enterprise Agreement 2016. The dispute was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission examined the agreement to determine if it had been fairly and genuinely negotiated, as mandated by the Act. This involved assessing the process of negotiation, the extent to which employees were involved, and whether the agreement covered all necessary terms and conditions. Furthermore, the Commission considered whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the work, the workforce, and the broader economic environment.

In reaching its decision, the Commission found that the agreement had been genuinely negotiated and contained fair and reasonable terms. The Commission noted the thorough process followed by the parties and the inclusion of comprehensive terms and conditions. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly. The decision was made in the spirit of promoting fair and balanced industrial relations.

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