Hillview Bunyip Aged Care

[2014] FWCA 4881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillview Bunyip Aged Care
(AG2014/6571)

HILLVIEW BUNYIP AGED CARE NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 21 JULY 2014

Application for approval of the Hillview Bunyip Aged Care Nurses Enterprise Agreement 2014.

[1] On 24 June 2014 Hillview Bunyip Aged Care (Applicant) made an application for approval of the Hillview Bunyip Aged Care Nurses 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 Health Services Union and Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 July 2014. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Hillview Bunyip Aged Care is a nursing home in Victoria which has applied to the Fair Work Commission for approval of its 2014 Enterprise Agreement. The application was opposed by the Health Services Union of Australia, which represents a number of employees at the facility. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009, specifically whether it was free from prohibited content, covered the appropriate bargaining unit and was made in good faith.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it was free from prohibited content. The Commission found that the agreement had been made in good faith, despite the union's opposition, as the employer had engaged in genuine bargaining with the union and had provided it with all relevant information. The Commission also found that the agreement was free from prohibited content, as it did not include any terms that were contrary to the public interest or that undermined the operation of the Award.

The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The agreement included provisions for minimum wages, penalty rates, leave entitlements and other conditions of employment. The Commission found that the agreement was beneficial to the employees and did not undermine the operation of the Award or the broader industrial relations system.

The Commission made an order approving the Hillview Bunyip Aged Care Nurses Enterprise Agreement 2014, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the calculation of penalty rates and the inclusion of certain provisions in the agreement. The employer and the union were required to implement the approved agreement and ensure that it was complied with by all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established