DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes
(AG2017/1876)

GILBERT VALLEY SENIOR CITIZENS HOMES (RIVERTON) INC NURSING EMPLOYEES ANMF - SA (AGED CARE) ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2017

Application for approval of the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gilbert Valley Senior Citizens Homes (Riverton) Inc T/A Gilbert Valley Senior Citizens Homes. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 29 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case are Gilbert Valley Senior Citizens Homes (Riverton) Inc and the Australian Nursing and Midwifery Federation (SA Branch) Aged Care. The dispute concerns the approval of the 2016 Enterprise Agreement between the employer and the union. This matter was heard in the Fair Work Commission. The central legal issue was whether the Enterprise Agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the requirements for good faith bargaining, and if it provided fair and reasonable terms for the employees. The Commission assessed the agreement based on its compliance with these criteria, examining the process of negotiation and the substantive terms of the agreement.

The Commission found that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The employer and union had engaged in a comprehensive negotiation process, which included multiple meetings and the exchange of detailed proposals. The terms of the agreement were considered reasonable and balanced, taking into account the interests of both the employer and the employees. The Commission concluded that the agreement met all necessary legal standards for approval. The terms of the agreement were fair, reasonable, and provided for a balanced outcome for both parties. The Commission approved the Enterprise Agreement, finding it to be compliant with all relevant legal requirements.

The Fair Work Commission approved the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF - SA (Aged Care) Enterprise Agreement 2016. This decision confirmed that the agreement met all necessary legal standards and was fair and reasonable for both the employer and the employees. The Commission's approval signifies that the agreement can now be implemented, providing a framework for the employment terms and conditions of the nursing staff at the facility.

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