DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KND & Associates Pty Ltd T/A St Michaels Aged Care Facility
(AG2015/4601)

KND & ASSOCIATES PTY LTD (TRADING AS ST MICHAELS AGED CARE FACILITY), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 14 AUGUST 2015

Application for approval of the KND & Associates Pty Ltd (trading as St Michaels Aged Care Facility), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the KND & Associates Pty Ltd (trading as St Michaels Aged Care Facility), ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KND & Associates Pty Ltd T/A St Michaels Aged Care Facility. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 14 August 2015 and, in accordance with s.54 of the Act, will operate from 21 August 2015. The nominal expiry date of the Agreement is 31 May 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the KND & Associates Pty Ltd (trading as St Michaels Aged Care Facility) ANMF and HSU Enterprise Agreement 2014, the court was presented with an application by the employer to approve the terms of an enterprise agreement that had been negotiated between the employer, represented by KND & Associates Pty Ltd, and the employees, represented by the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legislative criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement fulfilled the statutory requirements outlined in the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees, contained the necessary minimum terms and conditions, and complied with the procedural requirements for bargaining and agreement. The Commission also had to consider whether the agreement was free from prohibited content, such as provisions that would undermine the operation of the National Industrial Relations System.

In rendering its decision, the Commission thoroughly examined the proposed terms of the enterprise agreement, including the provisions relating to wages, conditions of employment, dispute resolution mechanisms, and other matters. The Commission found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions that reflected the needs and aspirations of the workforce. The Commission also determined that the agreement met the necessary legislative criteria, including the minimum terms and conditions, and was free from prohibited content. After careful consideration of the evidence and arguments presented by the parties, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees and met the necessary statutory requirements.

The Fair Work Commission approved the KND & Associates Pty Ltd (trading as St Michaels Aged Care Facility) ANMF and HSU Enterprise Agreement 2014. The approval was based on the findings that the agreement was in the best interests of the employees, met the necessary minimum terms and conditions, and complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Commission's decision provides a binding framework for the employment relationship between the employer and employees, ensuring that the terms and conditions of employment are fair, reasonable, and in line with the broader industrial relations system.

KND & Associates Pty Ltd T/A St Michaels 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