DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson-Goodwin Memorial Homes T/A Goodwin Village
(AG2016/4838)

GOODWIN VILLAGE HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Goodwin Village Health and Allied Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Goodwin Village Health and Allied Services 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 Johnson-Goodwin Memorial Homes T/A Goodwin Village. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Goodwin Village Health and Allied Services Enterprise Agreement 2016. The applicant, Johnson-Goodwin Memorial Homes, sought the approval of this enterprise agreement, which was to govern the employment conditions of its employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue that the court had to address was whether the enterprise agreement in question complied with the provisions of the Fair Work Act. Specifically, the court needed to ensure that the agreement met the statutory minimum standards, was genuinely negotiated, and was made in good faith. The applicant argued that the agreement had been negotiated in good faith and met all necessary statutory requirements. The court had to carefully review the agreement to ascertain its compliance with the relevant legislative framework.

In its decision, the court examined the details of the enterprise agreement and considered the submissions made by the parties. The court found that the agreement had been negotiated in good faith and contained provisions that were consistent with the statutory minimum standards. The court was satisfied that the agreement met all the necessary requirements for approval. Consequently, the court approved the application and authorised the enterprise agreement to come into effect.

The final orders of the court were that the Goodwin Village Health and Allied Services Enterprise Agreement 2016 be approved, and the applicant was directed to take all necessary steps to give effect to the approved agreement. This decision provided clarity and certainty for the parties involved and established the terms and conditions under which the employees would be engaged in the future.

Johnson-Goodwin Memorial Homes T/A Goodwin Village

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established