Llandysil Pty Ltd and Orollo Pty Ltd Summary

[2014] FWCA 4724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Llandysil Pty Ltd and Orollo Pty Ltd
(AG2014/6507)

LLANDYSIL PTY LTD (TRADING AS EDENVALE MANOR) AND OROLLO PTY LTD (TRADING AS EMERALD TERRACE AGED CARE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2014

Application for approval of the Llandysil Pty Ltd (trading as Edenvale Manor) and Orollo Pty Ltd (trading as Emerald Terrace Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 19 June 2014 Llandysil Pty Ltd and Orollo Pty Ltd (Applicants) made an application for approval of the Llandysil Pty Ltd (trading as Edenvale Manor) and Orollo Pty Ltd (trading as Emerald Terrace Aged Care), 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 Health Services Union and Australian Nursing and Midwifery Federation, 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 23 July 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 of Llandysil Pty Ltd and Orollo Pty Ltd involved an application for the approval of their 2014 Enterprise Agreement, as per the Fair Work Act 2009. The applicants sought to have the agreement approved by the Fair Work Commission, which would then be enforceable against their employees. The respondents were the Australian Nursing and Midwifery Federation and the Health Services Union, representing the employees in question.

The legal issues that arose in this case centred on whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court needed to determine whether the agreement contained the necessary provisions, and whether it was fair and reasonable in terms of the working conditions it outlined. The court had to consider the nature of the agreement, the process by which it was negotiated, and the extent to which it provided for the protection of employee rights.

The Fair Work Commission found that the agreement contained all the necessary provisions and was fair and reasonable. The Commission noted that the agreement was the product of a genuine process of negotiation, and that it contained provisions for the protection of employee rights, including provisions for leave, hours of work, and wages. The Commission was satisfied that the agreement was not detrimental to the employees, and that it provided for their fair and reasonable treatment. The court therefore approved the agreement, finding that it met the requirements of the Fair Work Act.

In conclusion, the Fair Work Commission approved the Enterprise Agreement between Llandysil Pty Ltd and Orollo Pty Ltd, finding that it contained all the necessary provisions and was fair and reasonable. The agreement was therefore approved, and is now enforceable against the employees of the applicants. The decision of the Fair Work Commission is final and binding, and cannot be challenged in any other court or tribunal.

Llandysil Pty Ltd and Orollo Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established