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

[2013] FWCA 10144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Goel Nominees Pty Ltd T/A Gloucester Residential Care & The Oaks Aged Care
(AG2013/12005)

GOEL NOMINEES NURSING EMPLOYEES (AGED CARE) & ANMF-SA BRANCH ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 23 DECEMBER 2013

Application for approval of the Goel Nominees Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goel Nominees Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Goel Nominees Pty Ltd T/A Gloucester Residential Care & The Oaks Aged Care. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Goel Nominees Pty Ltd T/A Gloucester Residential Care & The Oaks Aged Care, the Fair Work Commission addressed an application for approval of the Goel Nominees Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013. The case involved Goel Nominees, trading as Gloucester Residential Care and The Oaks Aged Care, and the Australian Nursing and Midwifery Federation, South Australian Branch. The dispute centred on the approval of a specific enterprise agreement that sought to regulate the terms and conditions of employment for nursing employees within the aged care sector.

The primary legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith. Specifically, the Commission had to assess whether the agreement met the criteria for "simple and clear" language, contained appropriate provisions for minimum wages and conditions, and whether the agreement was made without coercion or undue influence. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission noted that the application for approval was made in accordance with the statutory requirements. The Commission found that the enterprise agreement was simple and clear, and that it appropriately covered minimum wages and conditions. The Commission also determined that the agreement was made in good faith, without coercion, and that it provided a fair and reasonable balance of the interests of both parties. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the relevant legislative provisions and its suitability for enhancing the working conditions within the aged care sector.

The Fair Work Commission's decision to approve the Goel Nominees Nursing Employees (Aged Care) & ANMF-SA Branch Enterprise Agreement 2013 reflects its finding that the agreement met all necessary legal criteria and represented a fair and reasonable arrangement for both the employer and the employees. The approval of this agreement is expected to contribute positively to the working conditions and terms for nursing staff within the aged care industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established