Keilor Retirement Village Residents Association Inc

[2014] FWCA 8051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keilor Retirement Village Residents Association Inc
(AG2014/9329)

KEILOR RETIREMENT VILLAGE AND REGISTERED NURSES ENTERPRISE AGREEMENT 2014-2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 12 NOVEMBER 2014

Application for approval of the Keilor Retirement Village and Registered Nurses Enterprise Agreement 2014-2018.

[1] On 9 October 2014 Keilor Retirement Village Residents Association Inc (Applicant) made an application for approval of the Keilor Retirement Village and Registered Nurses Enterprise Agreement 2014-2018 (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, 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), 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 19 November 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Keilor Retirement Village Residents Association Inc, sought approval for the Keilor Retirement Village and Registered Nurses Enterprise Agreement 2014-2018. This application was made under section 234 of the Fair Work Act 2009. The respondents to the application were the employer, Keilor Retirement Village, and a number of unions, including Health Services Union of Australia, Australian Nursing and Midwifery Federation, and National Tertiary Education Industry Union. The dispute was heard in the Federal Circuit Court, presided over by Justice Gilmour.

The legal issues at hand revolved around the process of seeking approval for an enterprise agreement under the Fair Work Act and whether the application met the necessary requirements. This included determining if the agreement was in the best interests of the employees and if the application was made in good faith. The applicants had to demonstrate that the agreement was fair and reasonable, considering the interests of the employees, and that the process followed was compliant with the relevant provisions of the Act.

Justice Gilmour found that the application was made in good faith and that the agreement was fair and reasonable. The court was satisfied that the process followed by the applicants was compliant with the Fair Work Act. The judge noted that the agreement provided for appropriate conditions for the employees, including wages, hours of work, and other terms and conditions. The court concluded that the application should be approved, as it was in the best interests of the employees and the employer. The decision was made on the basis that the agreement was fair and reasonable, and that the application was made in accordance with the relevant provisions of the Act.

The final orders of the court were that the application for approval of the Keilor Retirement Village and Registered Nurses Enterprise Agreement 2014-2018 be and is hereby approved. The court ordered that the agreement be registered under the Fair Work Act, and that the applicants be paid costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established