DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Labouchere Investments Pty Ltd T/A Midland Nursing Home
(AG2016/3264)

MIDLAND NURSING HOME ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2016

Application for approval of the Midland Nursing Home Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Midland Nursing Home Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Labouchere Investments Pty Ltd T/A Midland Nursing Home. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2016. The nominal expiry date of the Agreement is 28 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Labouchere Investments Pty Ltd, trading as Midland Nursing Home, applied to the Fair Work Commission for the approval of the Midland Nursing Home Enterprise Agreement 2016. The application arose in the context of the Fair Work Act 2009, which mandates the process by which enterprise agreements must be approved before they can have legal effect. The dispute centred on whether the agreement complied with all statutory requirements, including proper consultation and the resolution of any objections raised by relevant parties.

The legal issues before the Commission involved the validity of the consultation process, the extent to which the agreement met the statutory criteria for approval, and whether there were any procedural or substantive irregularities that would render the agreement invalid. Specifically, the Commission needed to determine if the employer had adequately consulted with employees and their representatives and whether the agreement was made in good faith. The Commission also considered whether the agreement addressed all mandatory bargaining items and provided for fair terms and conditions of employment.

The Commission assessed the evidence presented regarding the consultation process and found it to be thorough and compliant with the statutory requirements. It concluded that the employer had engaged in good faith negotiations and provided sufficient information to employees and their representatives. The agreement was found to cover all mandatory bargaining items and to provide for fair terms and conditions of employment. The Commission was satisfied that no procedural or substantive irregularities existed that would invalidate the agreement. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Midland Nursing Home Enterprise Agreement 2016, which is now legally binding on the parties from the date of the Commission's decision.

Labouchere Investments Pty Ltd T/A Midland Nursing Home

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established