DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal & District Aged Homes Inc
(AG2016/2299)

LOBETHAL & DISTRICT AGED HOMES INC NURSING EMPLOYEES (AGED CARE) ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 26 FEBRUARY 2016

Application for approval of the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2015.

[1] On 11 February 2016 Lobethal & District Aged Homes Inc (Applicant) made an application for approval of the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2015 (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 Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 March 2016. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417971 PR577383

CaseChat Overview and Summary

Lobethal & District Aged Homes Inc was involved in a dispute regarding the approval of a specific enterprise agreement, which was the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2015. The case was heard by the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes. The application for approval of the enterprise agreement was made by the employer, Lobethal & District Aged Homes Inc, and the dispute involved various aspects of the agreement, including its content, negotiation process, and the fairness of its terms.

The primary legal issues before the commission were whether the enterprise agreement was fairly negotiated and if its terms were fair and reasonable. The commission needed to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith and whether the terms were fair and reasonable. The commission also considered whether the agreement complied with the relevant minimum standards and whether it was consistent with the principles of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and that its terms were fair and reasonable. The commission noted that the agreement had been made in good faith and that it complied with the relevant minimum standards. The commission also found that the agreement was consistent with the principles of the Fair Work Act. Therefore, the commission approved the application for the agreement to be registered. The commission's decision was based on a thorough examination of the evidence and arguments presented by both parties, as well as a detailed analysis of the agreement's content and its compliance with the relevant legal standards.

The final orders of the Fair Work Commission were that the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2015 be approved and registered. This decision provided clarity and legal certainty for the employer and employees, as well as establishing a framework for future negotiations and agreements in the aged care sector.

Lobethal & District Aged Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established