DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITL Healthcare Pty Ltd
(AG2016/5556)

ITL HEALTHCARE PTY LIMITED ENTERPRISE AGREEMENT 2016

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COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the ITL Healthcare Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ITL Healthcare Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ITL Healthcare Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 19 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ITL Healthcare Pty Ltd sought approval of the ITL Healthcare Pty Limited Enterprise Agreement 2016. The applicant, ITL Healthcare, is an employer in the aged care industry, and the respondent, Australian Nursing and Midwifery Federation, is the union representing the employees. The union contended that the agreement did not comply with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was a lawful agreement and should be approved.

The legal issues before the Commission involved the interpretation and application of various provisions of the Fair Work Act 2009. Key issues included whether the agreement was a lawful agreement, whether it was made in good faith, and if it complied with the procedural requirements for enterprise agreements. Additionally, the Commission had to consider whether the agreement met the minimum standards set by the Act and if it contained appropriate dispute resolution mechanisms.

The Commission found that the agreement was a lawful agreement and was made in good faith. It was determined that the agreement complied with the procedural requirements and met the minimum standards prescribed by the Act. The agreement included appropriate dispute resolution mechanisms, which were deemed sufficient. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Commission ordered the approval of the ITL Healthcare Pty Limited Enterprise Agreement 2016, subject to the usual conditions and requirements of the Fair Work Act 2009. The agreement was to be registered and published on the Commission’s website. The decision ensured that the employees of ITL Healthcare would be governed by the terms of the approved agreement, providing them with a clear and legally binding framework for their employment conditions.

ITL Healthcare Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established