Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust T/A Glen Iris Private

[2017] FWCA 4260

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust T/A Glen Iris Private

(AG2017/2193)

Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust (trading as - Glen Iris Private) Nurses Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 16 AUGUST 2017

Application for approval of the Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust (trading as - Glen Iris Private) Nurses Enterprise Agreement 2017.

On 9 June 2017 Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust T/A Glen Iris Private (Applicant) made an application for approval of the Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust (trading as - Glen Iris Private) Nurses Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.
The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the Australian Nursing and Midwifery Federation has been provided with a copy of the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

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.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 August 2017. The nominal expiry date of the Agreement is 2 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust (trading as Glen Iris Private) Nurses Enterprise Agreement 2017. The dispute arose between the applicant, the employer, and the Registered Nurses’ Union of Victoria, the representative of the employees. The core issue was whether the agreement complied with the necessary requirements under the Fair Work Act 2009, including the provision of minimum entitlements and adherence to the applicable award provisions.

The legal issues addressed by the court encompassed whether the proposed enterprise agreement met the statutory criteria for approval. This involved examining the agreement’s compliance with the Fair Work Act, specifically sections concerning minimum terms and conditions, procedural fairness, and the absence of prohibited content. The court also considered whether the agreement provided for fair and reasonable terms and conditions that were consistent with the overarching principles of the industrial relations framework.

In reaching its decision, the Fair Work Commission determined that the Nurses Enterprise Agreement 2017 did meet the legislative requirements for approval. The agreement was found to provide for terms and conditions that were fair and reasonable, and it did not contravene any provisions of the Fair Work Act. The Commission highlighted that the agreement provided for minimum entitlements that were no less favourable than those mandated by the relevant award, thus satisfying the statutory obligations. Consequently, the application for approval was granted, and the agreement was certified as compliant with the necessary legislative standards.

The final orders of the Fair Work Commission certified the Gendon Investments Pty Ltd as trustee of the Taburn Trading Trust (trading as Glen Iris Private) Nurses Enterprise Agreement 2017, effective from the date of the decision. The certified agreement was to be registered and published in accordance with the provisions of the Fair Work Act, thereby formalising its legal status and applicability to the employees and employer involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established