| [2015] FWCA 3264 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Glenvoir Holdings Pty Ltd (T/A Waverley Valley Aged Care) & Opeka Lodge Pty Ltd (T/A Brentwood Nursing Home)
(AG2015/2503)
GLENVOIR HOLDINGS PTY LTD (TRADING AS WAVERLEY VALLEY AGED CARE) AND OPEKA LODGE PTY LTD (TRADING AS BRENTWOOD NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014
Aged care industry | |
COMMISSIONER CRIBB | MELBOURNE, 13 MAY 2015 |
Application for approval of the Glenvoir Holdings Pty Ltd (trading as Waverley Valley Aged Care) and Opeka Lodge Pty Ltd (trading as Brentwood Nursing Home), ANMF and HSU Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Glenvoir Holdings Pty Ltd (trading as Waverley Valley Aged Care) and Opeka Lodge Pty Ltd (trading as Brentwood Nursing Home), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenvoir Holdings Pty Ltd (T/A Waverley Valley Aged Care) & Opeka Lodge Pty Ltd (T/A Brentwood Nursing Home). 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 13 May 2015 and, in accordance with s.54 of the Act, will operate from 20 May 2015. The nominal expiry date of the Agreement is 31 July 2017.
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- AGLC
- Glenvoir Holdings Pty Ltd (T/A Waverley Valley Aged Care) & Opeka Lodge Pty Ltd (T/A Brentwood Nursing Home) [2015] FWCA 3264
- Case
- [2015] FWCA 3264
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set forth in the Fair Work Act and Regulations. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment, including wages, hours of work, leave entitlements, and other conditions as specified by the Act and Regulations. Additionally, the Commission needed to assess if the agreement was free from prohibited content and if it had been negotiated in good faith.
The Fair Work Commission found that the proposed agreement met all the necessary statutory requirements. It provided for minimum terms and conditions of employment, ensuring that it covered wages, hours of work, leave entitlements, and other specified conditions as mandated by the Fair Work Act. The Commission concluded that the agreement was free from prohibited content and had been negotiated in good faith. Therefore, the application for approval was successful.
Consequently, the Fair Work Commission approved the Glenvoir Holdings Pty Ltd (trading as Waverley Valley Aged Care) and Opeka Lodge Pty Ltd (trading as Brentwood Nursing Home), ANMF and HSU Enterprise Agreement 2014. This approval means the agreement is now legally binding between the parties involved, providing a framework for the terms and conditions of employment for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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