DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grafton Aged Care Home Pty Limited
(AG2015/5474)

GRAFTON AGED CARE HOME, NSWNMA, ANMF NSW BRANCH & HSU NSW ENTERPRISE AGREEMENT 2015

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 23 SEPTEMBER 2015

Application for approval of the Grafton Aged Care Home, NSWNMA, ANMF NSW Branch & HSU NSW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Grafton Aged Care Home, NSWNMA, ANMF NSW Branch & HSU NSW 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 Grafton Aged Care Home Pty Limited. The agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives’ Association, Australian Nursing Federation New South Wales Branch, and Health Services Union – New South Wales Branch, 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2015. The nominal expiry date of the Agreement is 1 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Grafton Aged Care Home Pty Limited was the subject of a dispute regarding the approval of its enterprise agreement. The parties involved were Grafton Aged Care Home, the NSW Nurses and Midwives Association, the Australian Nursing and Midwifery Federation NSW Branch, and the Health Services Union NSW Enterprise. The matter was heard in the Fair Work Commission. The central legal issues that the Court needed to resolve revolved around whether the enterprise agreement proposed by the applicant was compliant with the requirements of the Fair Work Act 2009. Specifically, the Court had to examine if the agreement was appropriately negotiated, if it contained the necessary provisions, and if it met the criteria for being a low-paid industry agreement.

The Court found that the enterprise agreement in question had been appropriately negotiated between the applicant and the relevant unions. The agreement contained the necessary provisions as stipulated by the Fair Work Act 2009, including those related to the classification of employees, pay rates, and working conditions. Furthermore, the Court determined that the agreement met the criteria for being a low-paid industry agreement. Given these findings, the Court concluded that the Grafton Aged Care Home enterprise agreement was compliant with the Act and granted approval for its implementation.

Consequently, the Court approved the Grafton Aged Care Home enterprise agreement, allowing it to take effect as per its terms. This decision provided certainty and stability for the parties involved, ensuring that the agreement would govern the employment conditions of the employees within the Grafton Aged Care Home.

Grafton Aged Care Home Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established