Labouchere Investments Pty Ltd T/A Midland Nursing Home

[2014] FWCA 2839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Labouchere Investments Pty Ltd T/A Midland Nursing Home
(AG2014/5705)

MIDLAND NURSING HOME ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 13 MAY 2014

Application for approval of the Midland Nursing Home Enterprise Agreement 2014.

[1] On 14 April 2014, Labouchere Investments Pty Ltd T/A Midland Nursing Home made application for approval of a single enterprise agreement to be known as the Midland Nursing Home Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 10 April 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 20 May 2014.

[6] The nominal expiry date of this Agreement is 12 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Labouchere Investments Pty Ltd trading as Midland Nursing Home, sought approval of the Midland Nursing Home Enterprise Agreement 2014. The respondent, Australian Nursing and Midwifery Federation (WA Branch), represented the employees in the proceedings. The primary dispute centred on the terms and conditions outlined in the proposed agreement, which the applicant aimed to implement for the nursing staff at the Midland Nursing Home.

The central legal issue before the Commission was whether the terms and conditions proposed in the Enterprise Agreement 2014 complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether the agreement met the low-paid threshold for approval. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including wages and conditions, and if it met the low-paid criteria, which requires that at least 80% of employees earn less than $1260 per week.

The Fair Work Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. It was determined that the proposed agreement did meet the procedural fairness requirements, as the applicant had followed the necessary processes in negotiating the agreement. Additionally, the Commission found that the agreement satisfied the low-paid threshold, with a significant majority of employees earning below the specified amount. Consequently, the Commission approved the Enterprise Agreement 2014.

In light of the approval, the Commission issued its decision that the Midland Nursing Home Enterprise Agreement 2014 be and is hereby approved. This decision will govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of the Commission's determination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established