DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jallarah Homes Inc T/A Jallarah Homes Inc
(AG2020/919)

JALLARAH HOMES INC NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 14 APRIL 2020

Application for approval of the Jallarah Homes Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jallarah Homes Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Jallarah Homes Inc T/A Jallarah Homes Inc. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jallarah Homes Inc T/A Jallarah Homes Inc applied to the Fair Work Commission for approval of the Jallarah Homes Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2020. The application was contested by the Australian Nursing and Midwifery Federation. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The issues at hand were whether the agreement appropriately addressed the terms and conditions of employment, and whether it complied with procedural and substantive fairness standards.

The Fair Work Commission examined the fairness and compliance of the enterprise agreement, focusing on procedural aspects such as the negotiation process and the extent of employee involvement. The court also considered the substantive terms of the agreement, including pay rates, working conditions, and dispute resolution mechanisms. The Commission noted that the agreement had been negotiated in good faith and that employees had been adequately consulted throughout the process. It was found that the terms of the agreement were reasonable and met the statutory requirements for approval.

The Commission approved the enterprise agreement, confirming that it complied with all necessary legal standards. The decision highlighted the importance of thorough negotiation processes and proper consultation with employees in the formation of enterprise agreements. The final orders confirmed the approval of the agreement and mandated its implementation by the parties involved.

Jallarah Homes Inc T/A Jallarah Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established