Kellock Lodge Alexandra Inc. Summary

[2014] FWCA 4065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kellock Lodge Alexandra Inc.
(AG2014/6357)

KELLOCK LODGE ALEXANDRA INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 20 JUNE 2014

Application for approval of the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2014.

[1] On 10 June 2014 Kellock Lodge Alexandra Inc. (Applicant) made an application for approval of the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2014 (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 and Health Services Union, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 June 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Kellock Lodge Alexandra Inc. seeking approval for the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2014. The applicant, Kellock Lodge Alexandra Inc., sought to have the enterprise agreement registered and made binding on its employees. The dispute centred around the terms and conditions of employment outlined in the agreement, specifically those concerning the classification, pay rates, and working conditions of employees represented by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU).

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "genuine agreement" and whether the agreement contained terms that were contrary to the "no disadvantage test". The Commission had to determine if the agreement was made in good faith, if it provided for a fair and reasonable basis for resolving workplace issues, and if it did not place employees in a worse position than they would have been in the absence of the agreement.

In its decision, the Fair Work Commission found that the enterprise agreement complied with the statutory requirements. The Commission was satisfied that the agreement had been made in good faith and that it provided for a fair and reasonable basis for resolving workplace issues. The terms of the agreement were deemed to be within the scope of the no disadvantage test, as they did not place employees in a worse position than they would have been in the absence of the agreement. Consequently, the Commission approved the application and registered the Kellock Lodge Alexandra Inc., ANMF and HSU Enterprise Agreement 2014.

As a result of the Commission's decision, the enterprise agreement was made binding on the employees of Kellock Lodge Alexandra Inc., subject to the terms and conditions set out in the agreement. The approval of the agreement ensured that the parties were bound by the negotiated terms, providing certainty and stability in the employment relationship.

Kellock Lodge Alexandra Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established