DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kinscem Pty Ltd T/A Glenlyn Aged Care Facility
(AG2018/822)

GLENLYN AGED CARE FACILITY, ANMF AND HSU ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER LEE	MELBOURNE, 24 JULY 2018

Application for approval of the Glenlyn Aged Care Facility, ANMF and HSU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glenlyn Aged Care Facility, ANMF and HSU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kinscem Pty Ltd T/A Glenlyn Aged Care Facility. The Agreement is a single enterprise agreement.

[2] The Employer 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 and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kinscem Pty Ltd, trading as Glenlyn Aged Care Facility, applied for approval of the proposed 2017 Enterprise Agreement between the Australian Nursing and Midwifery Federation and the Health Services Union. The application was contested by the Health Services Union. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Act, including those concerning the protection of employees' rights.

The Commission examined the provisions of the proposed agreement and considered submissions from both parties. It assessed the agreement against the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions for employees, and whether it adequately protected employees' rights and interests. The Commission also considered the views of the employees and the bargaining representatives. After careful consideration, the Commission found that the proposed agreement met the statutory criteria for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions for employees, and that it adequately protected their rights and interests.

Accordingly, the Commission approved the proposed agreement as a registered agreement under the Fair Work Act. The decision was made on the basis that the agreement was fair and reasonable, and that it met the statutory requirements for approval. The Commission's decision was binding on the parties and the agreement was registered as a certified agreement. The final orders of the Commission were that the proposed agreement be approved and registered as a certified agreement under the Fair Work Act.

Kinscem Pty Ltd T/A Glenlyn Aged Care Facility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established