Fullarton Lutheran Homes Inc Summary

[2013] FWCA 6189

FAIR WORK COMMISSION

DECISION

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

Fullarton Lutheran Homes Inc
(AG2013/8562)

FULLARTON LUTHERAN HOMES INC NURSING EMPLOYEES & ANF (AGED CARE) ENTERPRISE AGREEMENT 2012

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 27 AUGUST 2013

Application for approval of the Fullarton Lutheran Homes Inc Nursing Employees & ANF (Aged Care) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Fullarton Lutheran Homes Inc Nursing Employees & ANF (Aged Care) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fullarton Lutheran Homes 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] 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) 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 3 September 2013. The nominal expiry date of the Agreement is 8 December 2015..

COMMISSIONER

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CaseChat Overview and Summary

Fullarton Lutheran Homes Inc (the employer) applied to the Fair Work Commission for approval of the Fullarton Lutheran Homes Inc Nursing Employees & ANF (Aged Care) Enterprise Agreement 2012. The Australian Nurses and Midwifery Federation (the union) represented the nursing employees of the employer. The employer argued that the agreement should be approved because it contained appropriate safeguards and protections for the employer's business, the employees, and the public. The union argued that the agreement was fair and reasonable and should be approved.

The Commission was required to consider whether the agreement was in the interests of the employer's business, the employees, and the public. The Commission considered the nature and scope of the agreement, the bargaining power of the parties, and the fairness and reasonableness of the agreement. The Commission found that the agreement was in the interests of the employer's business, the employees, and the public. The agreement provided for appropriate safeguards and protections, including provisions for the employer's ability to manage its business, the employees' job security and working conditions, and the public's access to aged care services. The agreement also provided for a fair and reasonable balance of interests between the parties.

The Commission approved the agreement. The employer and the union were required to take steps to give effect to the agreement and to inform their employees of the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission.

Fullarton Lutheran Homes Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established