DECISION

Fair Work Act 2009
s.185—Enterprise agreement

James Brown Memorial Trust
(AG2016/6525)

JAMES BROWN MEMORIAL TRUST ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the James Brown Memorial Trust Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the James Brown Memorial Trust 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 James Brown Memorial Trust. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 24 November 2016 and, in accordance with s.54, will operate from 1 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the James Brown Memorial Trust sought approval of an enterprise agreement entered into with its employees. The agreement was to govern various aspects of employment, including wages, hours of work, and other terms and conditions. The Trust argued that the agreement was necessary to improve efficiency and productivity within the organisation.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the requirement for the agreement to provide for a good faith bargaining process and to meet the better-off-overall test. The Trust contended that the agreement fulfilled these requirements, while the opposing party argued it did not.

The Commission found that the agreement met the statutory requirements for good faith bargaining and was better-off-overall for the employees. The agreement provided for a process that allowed for genuine negotiation and the consideration of employees' interests. Additionally, the Commission determined that the financial benefits and other improvements to working conditions provided under the agreement outweighed any potential disadvantages, thereby satisfying the better-off-overall test. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the James Brown Memorial Trust Enterprise Agreement 2016 be approved and registered. The agreement was to commence on a date specified in the agreement and would apply to the employees covered by the agreement.

James Brown Memorial Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established