[2014] FWCA 779 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Gilbert Valley Senior Citizens Homes (Riverton) Inc
(AG2014/3460)
GILBERT VALLEY SENIOR CITIZENS HOMES (RIVERTON) INC NURSING EMPLOYEES ANMF (AGED CARE) ENTERPRISE AGREEMENT 2013
Health and welfare services | |
COMMISSIONER HAMPTON | ADELAIDE, 31 JANUARY 2014 |
Application for approval of the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF (Aged Care) Enterprise Agreement 2013.
[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 (Aged Care) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gilbert Valley Senior Citizens Homes (Riverton) Inc. The Agreement is a single-enterprise agreement.
[2] As the Agreement does not contain a consultation term which meets the requirements of s.205(3) of the Act, the model consultation term is taken to be a term of the Agreement.
[3] 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.
[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) of the Act 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 7 February 2014. The nominal expiry date of the Agreement is 30 June 2016.
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- AGLC
- Gilbert Valley Senior Citizens Homes (Riverton) Inc [2014] FWCA 779
- Case
- [2014] FWCA 779
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining if the agreement was genuinely negotiated and if it contained the necessary provisions, such as those relating to minimum rates of pay, classification, and conditions of employment. The Commission also had to consider if the agreement complied with the Good Faith Bargaining obligations, and whether it included all necessary information and provisions as required by the Act.
In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and met all the statutory requirements for approval. The Commission examined the evidence presented and concluded that the agreement contained all necessary provisions, including those regarding minimum rates of pay, classification, and conditions of employment. It was determined that the agreement complied with the Good Faith Bargaining obligations, and that all required information and provisions were included. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.
The final orders of the Commission included the formal approval of the Gilbert Valley Senior Citizens Homes (Riverton) Inc Nursing Employees ANMF (Aged Care) Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified nursing employees within the organisation.
Orders
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Background
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Evidence
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Decision
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