DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Italian Benevolent Foundation Inc T/A Bene - Aged Care
(AG2017/6617)

BENE - AGED CARE NURSING EMPLOYEES ANMF (AGED CARE) ENTERPRISE AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2018

Application for approval of the Bene - Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bene – Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Italian Benevolent Foundation Inc T/A Bene – Aged Care. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Italian Benevolent Foundation Inc, trading as Bene - Aged Care, applied for the approval of the Bene - Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2017. The dispute centred on the interpretation and application of various sections of the Fair Work Act 2009, particularly in relation to the requirements for the approval of an enterprise agreement. The case involved the union's assertion that the agreement was not in the best interests of the employees, and the employer's contention that it was both appropriate and necessary for the continued operation of the business.

The legal issues the court needed to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether there was any evidence to suggest that the agreement was not in the best interests of the employees. The court also had to consider whether the agreement appropriately addressed the relevant terms and conditions of employment, including pay rates, working conditions, and dispute resolution mechanisms. Furthermore, the court examined the process by which the agreement was reached and whether it complied with the procedural fairness requirements of the Act.

In its decision, the court found that the Bene - Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2017 did meet the statutory requirements for approval. The court held that the agreement was fair and reasonable, and that there was no evidence to suggest that it was not in the best interests of the employees. The court emphasised that the agreement provided for appropriate pay rates and working conditions, and that it included adequate mechanisms for resolving disputes. The court also found that the process by which the agreement was reached was fair and compliant with the procedural fairness requirements of the Act. Consequently, the application for approval was successful.

The final orders of the court were that the Bene - Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be published in accordance with the requirements of the Act.

Italian Benevolent Foundation Inc T/A Bene - Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established