DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heritage Care Pty Ltd
(AG2014/9971)

HERITAGE CARE PTY LTD, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 6 JANUARY 2015

Application for approval of the Heritage Care Pty Ltd, ANMF and HSU Enterprise Agreement 2014.

[1] On 20 November 2014 Heritage Care Pty Ltd (Applicant) made an application for approval of the Heritage Care Pty Ltd, ANMF and HSU Enterprise Agreement 2014 (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 Commission is 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 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 January 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this case, the Australian Building and Construction Commission (ABCC) applied for the Fair Work Commission's approval of the Heritage Care Pty Ltd, ANMF and HSU Enterprise Agreement 2014. The agreement, which was intended to replace an existing enterprise agreement, aimed to regulate the terms and conditions of employment for employees of Heritage Care Pty Ltd, who were covered by the agreement. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement on the basis that it provided for fair and efficient terms and conditions of employment.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for terms and conditions of employment that were fair and efficient. The Commission also had to consider whether the agreement was consistent with the objects of the Act, which include promoting high levels of employment and participation, and facilitating cooperative and productive workplace relations. The Commission's decision hinged on its assessment of the agreement's provisions, including those relating to wages, hours of work, leave entitlements, and other terms and conditions of employment.

The Fair Work Commission found that the proposed enterprise agreement was fair and efficient, and met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for a range of terms and conditions of employment that were consistent with the objects of the Act, including provisions relating to wages, leave entitlements, and other employment-related matters. The Commission also found that the agreement was consistent with the principles of good faith bargaining, and that it provided for a fair and efficient framework for the resolution of workplace disputes. Based on its assessment of the agreement's provisions, the Commission approved the Heritage Care Pty Ltd, ANMF and HSU Enterprise Agreement 2014.

The Fair Work Commission's decision to approve the Heritage Care Pty Ltd, ANMF and HSU Enterprise Agreement 2014 provides important guidance for employers and employees in the aged care sector. The Commission's decision confirms that enterprise agreements can provide for fair and efficient terms and conditions of employment, and that they can play an important role in promoting cooperative and productive workplace relations. The decision also highlights the importance of good faith bargaining in the development of enterprise agreements, and the need for agreements to be consistent with the objects of the Fair Work Act 2009.

Heritage Care Pty Ltd

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established