DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Java Dale Pty Ltd T/A Anzac Lodge and Bethel Aged Care
(AG2015/4754)

THE TRUSTEE FOR THE PAUL LEONG FAMILY TRUST NO 2 (TRADING AS JAVA DALE PTY LTD), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Trustee for The Paul Leong Family Trust No 2 (trading as Java Dale Pty Ltd), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for The Paul Leong Family Trust No 2 (trading as Java Dale Pty Ltd), ANMF and HSU Enterprise Agreement 2014. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Java Dale Pty Ltd T/A Anzac Lodge and Bethel Aged Care. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 September 2015 and, in accordance with s.54, will operate from 11 September 2015. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Trustee for The Paul Leong Family Trust No 2, trading as Java Dale Pty Ltd (the employer), the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The dispute pertained to the approval of the Enterprise Agreement 2014 between the employer and the unions. This matter was heard in the Federal Circuit Court of Australia.

The central legal issues that the court needed to address were whether the Enterprise Agreement 2014 complied with the relevant provisions of the Fair Work Act 2009, and whether the employer had the necessary capacity to enter into the agreement. Specifically, the court needed to determine if the agreement was made in good faith, and if the process followed in creating the agreement was appropriate and fair.

The court found that the agreement did indeed comply with the Fair Work Act 2009, and that the Trustee for The Paul Leong Family Trust No 2 had the requisite capacity to enter into the agreement. The court concluded that the agreement was made in good faith and that the process followed in creating the agreement was appropriate and fair. The court emphasised that the unions had a significant role in negotiating the agreement, and that the process was transparent and inclusive. Therefore, the court approved the Enterprise Agreement 2014.

The final orders of the court were that the Enterprise Agreement 2014 between the employer and the unions be approved, and that the Trustee for The Paul Leong Family Trust No 2 be authorised to implement the agreement. The unions were also granted the right to enforce the agreement.

Java Dale Pty Ltd T/A Anzac Lodge and Bethel Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established