Jakudo Pty Ltd T/A The Kensington Aged Care Facility

[2013] FWCA 10116

FAIR WORK COMMISSION

DECISION

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

Jakudo Pty Ltd T/A The Kensington Aged Care Facility
(AG2013/10319)

JAKUDO (THE KENSINGTON AGED CARE FACILITY) AND ANMF-SA NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 20 DECEMBER 2013

Application for approval of the Jakudo (The Kensington Aged Care Facility) and ANMF-SA Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jakudo (The Kensington Aged Care Facility) and ANMF-SA Nursing Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Jakudo Pty Ltd T/A The Kensington Aged Care Facility. The Agreement is a single-enterprise agreement.

[2] 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) of the Act I note that the Agreement covers the organisation.

[3] On 11 December 2013, I wrote to the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Jakudo Pty Ltd trading as The Kensington Aged Care Facility, which sought approval of the ANMF-SA Nursing Employees Enterprise Agreement 2013. The dispute arose from the need to have this agreement, which governed the terms and conditions of employment for nursing staff, formally recognised and approved under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to determine whether it complied with the legislative framework, including provisions for fair and reasonable terms.

The primary legal issues before the Commission were whether the agreement contained provisions that were fair and reasonable, met the criteria for better off overall and at least as well off, and whether it adhered to the statutory requirements for enterprise agreements. Additionally, the Commission needed to ensure that the agreement did not contain any provisions that would be contrary to public policy or that would undermine the rights of employees or employers.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, and that employees would be better off overall and at least as well off as they would be under the applicable award. The Commission noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions that were in line with industry standards and statutory requirements. Furthermore, the Commission confirmed that the agreement did not contain any provisions that were contrary to public policy or that would undermine the rights of either employees or employers.

Consequently, the Fair Work Commission approved the ANMF-SA Nursing Employees Enterprise Agreement 2013, confirming its compliance with the statutory requirements under the Fair Work Act 2009. This decision allowed the agreement to be formally recognised and implemented by the parties involved, providing a stable framework for the employment relationship between the employer and the nursing staff at The Kensington Aged Care Facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established