Italian Benevolent Foundation Inc T/A Bene - Aged Care Summary

[2014] FWCA 7524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Italian Benevolent Foundation Inc T/A Bene - Aged Care
(AG2014/7849)

BENE - AGED CARE NURSING EMPLOYEES ANMF (AGED CARE) ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 22 OCTOBER 2014

Application for approval of the Bene - Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Italian Benevolent Foundation Inc T/A Bene - Aged Care. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Australian Nursing and Midwifery Federation – South Australian Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Italian Benevolent Foundation Inc trading as Bene Aged Care and the Australian Nursing and Midwifery Federation (Aged Care) Enterprise Branch. The dispute centred around the approval of the Bene Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2014. The Fair Work Commission, in this instance acting as the court, was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues the court needed to resolve were whether the agreement was genuinely a bargain between the employer and the employees, whether the agreement met the procedural requirements under the Fair Work Act, and whether the agreement was in the best interests of the employees. Additionally, the court had to assess whether the agreement was fair and reasonable in all its terms.

In reaching its decision, the court considered the evidence and submissions from both parties, along with the principles established in previous cases. The court found that the agreement was genuinely a bargain between the parties as it represented a compromise between the employer's and employees' respective positions. The court also determined that the agreement complied with the procedural requirements and was in the best interests of the employees. The court concluded that the agreement was fair and reasonable in all its terms, and therefore approved the agreement.

The court's decision was based on the comprehensive analysis of the evidence and submissions, as well as the established legal principles. The final orders of the court included the approval of the Bene Aged Care Nursing Employees ANMF (Aged Care) Enterprise Agreement 2014, with the effective date of the agreement being the date of the decision. This decision provided certainty to both the employer and employees, ensuring that the agreement would be implemented as intended.

Italian Benevolent Foundation Inc T/A Bene - Aged Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established