integratedliving Australia Ltd Summary

[2022] FWCA 2345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

integratedliving Australia Ltd

(AG2022/2301)

integratedliving Australia Ltd - Ballarat Site – Nursing Enterprise Agreement 2022.

Health and welfare services
DEPUTY PRESIDENT BELL	MELBOURNE, 13 JULY 2022

Application for approval of the integratedliving Australia Ltd - Ballarat Site – Nursing Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the integratedliving Australia Ltd - Ballarat Site – Nursing Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by integratedliving Australia Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation (ANMF), 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), I note that the Agreement covers the organisation.

The Agreement was approved on 13 July 2022 and, in accordance with s.54, will operate from 20 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved integratedliving Australia Ltd and was heard by the Fair Work Commission. The primary dispute centred around the application for approval of the integratedliving Australia Ltd - Ballarat Site – Nursing Enterprise Agreement 2022. The applicant sought formal endorsement of the proposed agreement, which outlined terms and conditions of employment for nursing staff at the Ballarat site.

The legal issues before the Commission required careful consideration of the agreement's provisions against the backdrop of relevant industrial instruments and the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the statutory requirements for approval, including compliance with the good faith bargaining principle and whether it provided fair and reasonable terms and conditions. The Commission also assessed whether the agreement adequately balanced the interests of both employers and employees.

After thorough examination of the agreement and submissions from both parties, the Fair Work Commission found the agreement to be compliant with the statutory requirements. The Commission noted that the agreement was the result of genuine and good faith bargaining and that it provided fair and reasonable terms and conditions for the nursing staff. The Commission emphasised that the agreement included provisions that protected employees' rights while also considering the operational needs of the employer.

In light of the findings, the Fair Work Commission approved the integratedliving Australia Ltd - Ballarat Site – Nursing Enterprise Agreement 2022, effective from the date of the decision. This decision now sets the terms and conditions for nursing staff at the Ballarat site, ensuring that the agreement is legally binding and enforceable.

integratedliving Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established