DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greek Orthodox Community of South Australia Incorporated T/A Ridleyton Greek Home for the Aged
(AG2016/3434)

RIDLEYTON GREEK HOME FOR THE AGED NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 24 JUNE 2016

Application for approval of the Ridleyton Greek Home for the Aged Nursing Employees & ANMF Enterprise Agreement 2016

[1] On 2 June 2016 Greek Orthodox Community of South Australia Incorporated T/A Ridleyton Greek Home for the Aged Care (Applicant) made an application for approval of the Ridleyton Greek Home for the Aged Nursing Employees & ANMF Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 July 2016. The nominal expiry date of the Agreement is 24 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Greek Orthodox Community of South Australia Incorporated, trading as the Ridleyton Greek Home for the Aged, and the Australian Nursing and Midwifery Federation (ANMF). The dispute centred on the approval of a nursing employees' enterprise agreement for the year 2016. The matter was heard in the Fair Work Commission. The legal issues before the Commission included whether the proposed agreement complied with the Fair Work Act 2009, specifically whether it met the 'better off overall test' and whether it contained any provisions that were contrary to public policy.

The Commission found that the proposed agreement was fair and reasonable, and thus in compliance with the relevant legislation. The 'better off overall test' was satisfied as the agreement provided for a reasonable increase in wages and other benefits for the employees, without imposing undue financial hardship on the employer. The Commission also determined that none of the provisions in the agreement were contrary to public policy. The decision was based on the evidence provided by both parties and the principles set out in the Fair Work Act.

As a result of the Commission's decision, the Ridleyton Greek Home for the Aged Nursing Employees & ANMF Enterprise Agreement 2016 was approved. The agreement will now be in effect for the duration specified, providing a framework for the employment conditions of the nursing staff at the Ridleyton Greek Home for the Aged. The decision ensures that the employees will receive fair and reasonable terms of employment, while also maintaining the financial stability of the employer.

Greek Orthodox Community of South Australia Incorporated T/A Ridleyton Greek Home for the Aged

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established