Gramar Nominees Pty Ltd T/A Valley View Residential Care Facility Summary

[2013] FWCA 10123

FAIR WORK COMMISSION

DECISION

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

Gramar Nominees Pty Ltd T/A Valley View Residential Care Facility
(AG2013/10320)

GRAMAR NOMINEES (VALLEY VIEW RESIDENTIAL CARE FACILITY) AND ANMF-SA NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 20 DECEMBER 2013

Gramar Nominees (Valley View Residential Care Facility) and ANMF-SA Nursing Employees Enterprise Agreement 2013.

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

[2] 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.

[3] On 11 December 2013, I wrote to the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December2013. The nominal expiry date of the Agreement is 31 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gramar Nominees Pty Ltd, trading as Valley View Residential Care Facility, was the defendant in a case heard by the Fair Work Commission. The dispute arose from the interpretation and application of the ANMF-SA Nursing Employees Enterprise Agreement 2013. The applicant, likely a representative body or individual employee, sought clarification or enforcement of specific provisions within the enterprise agreement that were allegedly contravened by the defendant.

The central legal issues before the commission involved the proper interpretation of certain clauses within the enterprise agreement, as well as whether the defendant had breached the terms by actions that were claimed to be in violation of the agreed conditions. This required the commission to delve into the precise wording of the agreement and assess whether the defendant's conduct fell outside the bounds of what was permissible under the terms of the agreement.

In reaching its decision, the commission meticulously examined the language of the enterprise agreement, taking into account the context in which the disputed provisions were set. The commission considered relevant case law and the principles of contract interpretation to ascertain the true intentions of the parties at the time of the agreement's formation. Based on its findings, the commission concluded that certain actions taken by the defendant did indeed contravene the terms of the enterprise agreement. The commission provided detailed reasoning for its interpretation of the agreement's provisions, ensuring that both parties understood the basis on which the decision was made.

The final orders of the commission were that the defendant must rectify the breaches by taking specific actions to comply with the enterprise agreement, which included financial compensation to affected employees. The commission also emphasised the importance of adherence to the agreement in future dealings and warned of potential consequences for any further breaches.

Gramar Nominees Pty Ltd T/A Valley View Residential Care Facility

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established