Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael's Home for the Aged Summary

[2014] FWCA 7173

FAIR WORK COMMISSION

DECISION

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

Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael's Home for the Aged
(AG2014/9194)

ST RAPHAEL'S HOME FOR THE AGED NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 9 OCTOBER 2014

Application for approval of the St Raphael's Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Raphael’s Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael’s Home for the Aged. 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] The Australian Nursing and Midwifery Federation– South Australian Branch, 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 16 October 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated, trading as St Raphael's Home for the Aged, sought approval for the St Raphael's Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2014. The applicant, an aged care provider, required the Fair Work Commission's approval of the agreement, which outlined the terms and conditions of employment for nursing staff. The dispute arose as the agreement was to cover employees who were not part of a single bargaining unit, necessitating Commission approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and whether the agreement provided for a fair and equitable outcome for the employees. Additionally, the Commission had to consider if the agreement was consistent with the national minimum safety net of employment conditions and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement complied with the statutory requirements for approval. The Commission noted that the bargaining process was conducted in good faith, and the terms of the agreement were fair and equitable for the employees. The agreement was also found to provide for a safety net of minimum wages and conditions and was in the best interests of the employees. The Commission approved the agreement, noting that it met the necessary criteria for approval under the Fair Work Act 2009.

The Commission approved the St Raphael's Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2014, effective from 1 July 2014. The approval was subject to the agreement being registered with the Commission and the applicant providing a copy of the agreement to the employees. The Commission also noted that the agreement would remain in effect until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

Franciscan Sisters of the Heart of Jesus (South Australia) Incorporated T/A St Raphael's Home for the Aged

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established