DECISION

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

Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes
(AG2020/865)

GILBERT VALLEY SENIOR CITIZENS HOMES (RIVERTON) INC NURSING EMPLOYEES ANMF - SA (AGED CARE) ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 2 APRIL 2020

Application for approval of the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gilbert Valley Senior Citizens Homes (Riverton) IncNursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes(the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 March 2020.

[3] On 31 March 2020, my Chambers emailed the parties to seek clarification about the pre-approval requirements of the Agreement, which the Applicant subsequently addressed.

[4] The Notice of Employee Representational Rights (NERR) contain references to and the Fair Work Commission Infoline in lieu of the Fair Work Ombudsman and the Fair Work Commission.

[5] In respect of the NERR deficiency, I am satisfied (taking into consideration s.188(2) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Gilbert Valley Senior Citizens Homes (Riverton) Inc, trading as Gilbert Valley Senior Citizens Homes, and the Australian Nursing and Midwifery Federation – South Australia (Aged Care) Enterprise Agreement 2019. The dispute centred on the approval of the enterprise agreement which outlines the terms and conditions of employment for nursing staff at the facility. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This involved scrutinising the agreement against statutory requirements, including whether it met the "better off overall test" and whether it provided for fair and reasonable terms of employment. The court also needed to consider whether the agreement was free from any prohibited content and whether it was consistent with the principles of enterprise bargaining set out in the Act.

In reaching its decision, the court examined the content of the proposed agreement in detail. It assessed the provisions against the legislative criteria and determined that the agreement met the requirements for approval. The court found that the agreement was fair and reasonable, provided for the best interests of the employees, and did not include any prohibited content. The decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the statutory framework.

The court approved the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2019. The approval signifies that the agreement can now be implemented, ensuring that the terms and conditions of employment for the nursing staff are legally compliant and fair.

Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established