Goel Nominees Pty Ltd T/A Gloucester Residential Care And The Oaks Aged Care Facility Summary

[2021] FWCA 6176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goel Nominees Pty Ltd T/A Gloucester Residential Care And The Oaks Aged Care Facility
(AG2021/7658)

GOEL NOMINEES NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 8 OCTOBER 2021

Application for approval of the Goel Nominees Nursing Employees (Aged Care) and ANMF Enterprise Agreement 2021.

[1] Goel Nominees Pty Ltd T/A Gloucester Residential Care And The Oaks Aged Care Facility (the Employer) has applied for approval of an enterprise agreement known as the Goel Nominees Nursing Employees (Aged Care) and ANMF Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation (ANMF) 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 ANMF.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Goel Nominees Pty Ltd, trading as Gloucester Residential Care and The Oaks Aged Care Facility, applied for the approval of the Goel Nominees Nursing Employees (Aged Care) and ANMF Enterprise Agreement 2021. The applicant sought to have the enterprise agreement registered as a single-employer agreement under the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement and had been fairly negotiated. The Australian Nursing and Midwifery Federation, representing the employees, did not oppose the application. However, the Australian Council of Trade Unions, as a registered organisation, intervened in the application, raising concerns about the agreement's compliance with the Fair Work Act.

The primary legal issue the Commission had to determine was whether the enterprise agreement met the statutory requirements for approval as a single-employer agreement. The Commission had to consider whether the agreement was genuinely an agreement between the employer and its employees, whether it was negotiated fairly, and whether it contained the prescribed minimum terms and conditions. The Commission also had to consider the objections raised by the Australian Council of Trade Unions and determine whether they had any merit.

The Commission found that the enterprise agreement was genuinely an agreement between the employer and its employees. The Commission was satisfied that the agreement had been fairly negotiated and contained the prescribed minimum terms and conditions. The Commission also found that the objections raised by the Australian Council of Trade Unions did not have merit. The Commission approved the enterprise agreement, which was registered as a single-employer agreement under the Fair Work Act.

The Commission ordered that the Goel Nominees Nursing Employees (Aged Care) and ANMF Enterprise Agreement 2021 be approved and registered as a single-employer agreement. The agreement will now apply to the employees of Goel Nominees Pty Ltd, trading as Gloucester Residential Care and The Oaks Aged Care Facility. The registration of the agreement will provide certainty and stability to the employer and its employees and will ensure that they are protected by the minimum terms and conditions prescribed by the Fair Work Act.

Goel Nominees Pty Ltd T/A Gloucester Residential Care And The Oaks Aged Care Facility

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established