DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glengollan Village
(AG2015/3890)

GLENGOLLAN VILLAGE NURSES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 15 JULY 2015

Application for approval of the Glengollan Village Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Glengollan Village Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glengollan Village. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 15 July 2015 and, in accordance with s.54 of the Act, will operate from 22 July 2015. The nominal expiry date of the Agreement is 1 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Glengollan Village Nurses Enterprise Agreement 2015. The applicant, Glengollan Village, sought the Commission's approval of the agreement, which was negotiated between the applicant and a registered union representing the applicant's employees. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval.

The Commission considered the parties' submissions and the evidence provided, including the nature of the agreement and its compliance with relevant legislative provisions. The Commission assessed whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account factors such as the bargaining power of the parties, the nature of the enterprise, and the need for flexibility and efficiency in the workplace. The Commission also examined the process by which the agreement was negotiated and whether it was in accordance with the Fair Work Act.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. The agreement provided for fair and reasonable terms and conditions of employment, taking into account the relevant factors. The Commission was satisfied that the agreement was negotiated in good faith and that the process was fair and transparent. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Glengollan Village Nurses Enterprise Agreement 2015, and it will now be registered with the Commission. This decision provides clarity and certainty for both the applicant and the registered union, and it ensures that the agreement will provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Glengollan Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established