Fairview Homes for the Aged Inc. Summary

[2014] FWCA 8395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairview Homes for the Aged Inc.
(AG2014/9702)

FAIRVIEW HOMES FOR THE AGED INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the Fairview Homes for the Aged Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 28 October 2014 Fairview Homes for the Aged Inc. (Applicant) made an application for approval of the Fairview Homes for the Aged Inc., ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fairview Homes for the Aged Inc. applied for approval of their 2014 Enterprise Agreement with the Australian Nurses and Midwives Federation and the Health Services Union. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement provided for the fair and efficient resolution of workplace disputes, and if it contained provisions that met the needs of both employees and employers in a manner consistent with the principles of the national workplace relations system.

The Commission considered the fairness and efficiency of dispute resolution mechanisms within the agreement, as well as the adequacy of provisions addressing wages, conditions, and other employment terms. The Commission examined the balance of the agreement and whether it provided for fair and efficient workplace relations while also meeting the needs of both parties. After careful consideration, the Commission found that the agreement met the necessary statutory requirements and did not contain any provisions that would prevent its approval. The Commission highlighted the comprehensive nature of the agreement, its alignment with the principles of the national workplace relations system, and the satisfactory balance it achieved between the rights and interests of both employees and the employer.

Consequently, the Commission approved the Fairview Homes for the Aged Inc. ANMF and HSU Enterprise Agreement 2014, determining it to be fair and efficient in terms of workplace dispute resolution and employment terms. This decision allows the agreement to take effect and govern the employment relationship between Fairview Homes for the Aged Inc., the Australian Nurses and Midwives Federation, and the Health Services Union.

Fairview Homes for the Aged Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established