DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eyre Peninsula Old Folks Home Inc
(AG2015/5120)

EYRE PENINSULA OLD FOLKS HOME AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 1 OCTOBER 2015

Application for approval of the Eyre Peninsula Old Folks Home Aged Care Sector Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eyre Peninsula Old Folks Home Aged Care Sector Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as are relevant to this application for approval have been met.

[3] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Eyre Peninsula Old Folks Home Inc, applied for the approval of the Eyre Peninsula Old Folks Home Aged Care Sector Employees Enterprise Agreement 2015, which had been registered under the Fair Work Act 2009. The applicant argued that the agreement was fit for the purpose of the Act and complied with all relevant requirements, including the good faith bargaining requirement. The application was opposed by the Australian Nursing and Midwifery Federation (SA Branch), which argued that the agreement did not meet the requirements of the Act.

The court was required to determine whether the agreement was made in good faith, whether it complied with the requirements of the Fair Work Act 2009, and whether it was fit for the purpose of the Act. The court examined the evidence and submissions of both parties and considered the requirements of the Act and relevant case law.

The court found that the agreement was made in good faith and complied with all relevant requirements of the Act. The court noted that the applicant had taken steps to ensure that the agreement was negotiated in good faith, including providing the union with access to information and allowing for a reasonable time for bargaining. The court also found that the agreement was fit for the purpose of the Act, as it provided for the fair and reasonable terms and conditions of employment for the employees of the applicant. The court rejected the argument of the opposition party that the agreement did not meet the requirements of the Act.

The court approved the agreement, subject to certain modifications to address the concerns raised by the opposition party. The modifications included changes to the agreement's provisions relating to shift penalties, shift loadings, and allowances. The court ordered that the modified agreement be registered under the Fair Work Act 2009.

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