DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home Inc
(AG2018/3038)

HILLVIEW BUNYIP AGED CARE, HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER BISSETT	MELBOURNE, 30 JANUARY 2019

Application for approval of the Hillview Bunyip Aged Care, Health and Allied Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hillview Bunyip Aged Care, Health and Allied Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home Inc, the applicant sought approval of the Hillview Bunyip Aged Care, Health and Allied Services Enterprise Agreement 2018. The application was before the Fair Work Commission, which must decide whether the agreement meets the requirements of the Fair Work Act 2009. The dispute arose from disagreements between the employer and the employees' union regarding the terms and conditions of employment, particularly in relation to wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement provided for the proper resolution of disputes and adequately protected the interests of the employees. Specifically, the Commission had to determine if the agreement included adequate provisions for fair and timely resolution of disputes, as required by section 232 of the Fair Work Act. Furthermore, the Commission examined whether the agreement was free from any unfair provisions and whether it provided adequate protections for employees' rights and entitlements.

The Fair Work Commission found that the agreement contained adequate provisions for the fair and timely resolution of disputes. The Commission noted that the agreement included mechanisms for conciliation and mediation, which aligned with the requirements of the Fair Work Act. Additionally, the Commission determined that the agreement did not contain any unfair provisions and provided adequate protections for employees' rights and entitlements. As a result, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

In conclusion, the Fair Work Commission approved the Hillview Bunyip Aged Care, Health and Allied Services Enterprise Agreement 2018. The Commission found that the agreement met the legal requirements of the Fair Work Act, including adequate provisions for the fair and timely resolution of disputes and adequate protections for employees' rights and entitlements. This decision provides clarity for both the employer and employees regarding the terms and conditions of employment and ensures compliance with the Fair Work Act.

Hillview Bunyip Aged Care Inc T/A Bunyip Hillview Hostel and Nursing Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established