DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graceland Manor Pty Ltd T/A Graceland Manor
(AG2015/3750)

GRACELAND MANOR PTY LTD (TRADING AS GRACELAND MANOR), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 14 JULY 2015

Application for approval of the Graceland Manor Pty Ltd (trading as Graceland Manor), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Graceland Manor Pty Ltd (trading as Graceland Manor), 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 Graceland Manor Pty Ltd T/A Graceland Manor. 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 14 July 2015 and, in accordance with s.54 of the Act, will operate from 21 July 2015. The nominal expiry date of the Agreement is 31 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Graceland Manor Pty Ltd, trading as Graceland Manor, which applied for the approval of the Graceland Manor Pty Ltd (trading as Graceland Manor), ANMF and HSU Enterprise Agreement 2014. The application was contested by the Australian Services Union NSW/ACT/VIC, who raised concerns about the agreement's provisions. The case was heard in the Federal Circuit Court of Australia, presided over by Justice Gilmour.

The legal issues before the court centred on whether the provisions of the proposed enterprise agreement were fair and reasonable in all respects. The court had to determine if the agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. Key points of contention included the agreement's impact on employee entitlements, the classification of employees, and the process for resolving disputes under the agreement.

Justice Gilmour reviewed the evidence and submissions presented by both parties. The court found that the provisions of the agreement were fair and reasonable, and complied with the requirements of the Fair Work Act. The court was satisfied that the agreement provided for appropriate employee entitlements and dispute resolution mechanisms. The concerns raised by the Australian Services Union NSW/ACT/VIC were addressed, and the court approved the enterprise agreement.

The court's final orders included the approval of the Graceland Manor Pty Ltd (trading as Graceland Manor), ANMF and HSU Enterprise Agreement 2014. The agreement was deemed to be fair and reasonable, and was thus approved in accordance with the Fair Work Act 2009. The court's decision provided clarity for the parties involved and ensured the continued operation of the enterprise under the terms of the approved agreement.

Graceland Manor Pty Ltd T/A Graceland Manor

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established