DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnson-Goodwin Memorial Homes T/A Goodwin Village
(AG2016/4844)

GOODWIN VILLAGE NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2016

Application for approval of the Goodwin Village Nurses Enterprise Agreement 2016.

[1] On 1 August 2016 Johnson-Goodwin Memorial Homes T/A Goodwin Village (Applicant) made an application for approval of the Goodwin Village Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 September 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Goodwin Village Nurses Union of Employees v Johnson-Goodwin Memorial Homes T/A Goodwin Village [2018] FWC 3351, the Goodwin Village Nurses Union of Employees sought approval of the Goodwin Village Nurses Enterprise Agreement 2016. This agreement was the result of negotiations between the union and the employer, Johnson-Goodwin Memorial Homes, trading as Goodwin Village. The union aimed to establish terms and conditions for the employees, including pay rates, leave entitlements, and dispute resolution mechanisms.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). This test ensures that the employees would not be worse off financially by being covered by the new agreement compared to the previous terms and conditions. Additionally, the court had to assess if the agreement contained all the mandated minimum terms and conditions as per the Fair Work Act.

The Fair Work Commission found that the agreement did meet the BOOT and contained all mandated minimum terms. The court noted that the agreement provided for improved conditions and benefits for the employees, such as higher pay rates, additional leave entitlements, and more robust dispute resolution processes. The union demonstrated that the employees would be better off overall under the new agreement, and it included all necessary terms as stipulated by the Fair Work Act. Therefore, the Commission approved the agreement.

The final orders of the court included the approval of the Goodwin Village Nurses Enterprise Agreement 2016, effective from the date of the decision. This decision set new terms and conditions for the employees, providing them with enhanced benefits and protections.

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