| [2018] FWCA 6940 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
IBIS No 3 Pty Ltd T/A Wynyard Care Centre
(AG2018/1937)
WYNYARD CARE CENTRE (SYNOVUM CARE GROUP) NURSING & GENERAL STAFF AGREEMENT
Aged care industry | |
COMMISSIONER LEE | MELBOURNE, 13 NOVEMBER 2018 |
Application for approval of the Wynyard Care Centre (Synovum Care Group) Nursing & General Staff Agreement.
[1] An application has been made for approval of an enterprise agreement known as the Wynyard Care Centre (Synovum Care Group) Nursing & General Staff Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IBIS No 3 Pty Ltd T/A Wynyard Care Centre. 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] Subject to the undertakings referred to above, 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.
[4] The Health Services Union (HSU) and the Australian Nursing & Midwifery Federation (ANMF) 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) I note that the Agreement covers the organisations.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2018. The nominal expiry date of the Agreement is 30 June 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE500723 PR702243>
Annexure A
- AGLC
- IBIS No 3 Pty Ltd T/A Wynyard Care Centre [2018] FWCA 6940
- Case
- [2018] FWCA 6940
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the requirements set out for the approval of enterprise agreements. The Commission had to assess the agreement against the criteria for being a "single enterprise agreement" and whether it provided for minimum terms and conditions that were no less favourable than the relevant national or industry award. Additionally, the Commission examined whether the agreement was made in good faith and whether the requisite majority of employees had approved the agreement through a secret ballot.
In delivering its decision, the Fair Work Commission thoroughly reviewed the proposed agreement and considered the submissions from both IBIS No 3 Pty Ltd and the relevant unions. The Commission found that the agreement satisfied the necessary legislative requirements, including the provision of minimum terms and conditions that were no less favourable than the applicable award. Furthermore, the Commission was satisfied that the agreement was made in good faith and had been approved by a requisite majority of the employees through a secret ballot. Consequently, the Commission approved the proposed agreement, deeming it to be a single enterprise agreement under the Fair Work Act.
As a result of the Commission's approval, the Wynyard Care Centre (Synovum Care Group) Nursing & General Staff Agreement is now in effect, governing the terms and conditions of employment for the nursing and general staff within the care centre. This decision provides clarity and certainty for both the employer and employees, ensuring that the agreement is compliant with the Fair Work Act and meets the necessary criteria for approval.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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