| [2022] FWCA 710 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lobethal & District Aged Homes Inc T/A Restvale
(AG2022/119)
Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2021
| Aged care industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 28 FEBRUARY 2022 |
Application for approval of the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2021
Lobethal & District Aged Homes Inc T/A Restvale has made an application for the approval of an enterprise agreement known as the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, 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.
The Australian Nursing and Midwifery Federation (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 28 February 2022 and, in accordance with s 54, will operate from 7 March 2022. The nominal expiry date of the Agreement is 1 December 2024.
DEPUTY PRESIDENT
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- AGLC
- Lobethal & District Aged Homes Inc T/A Restvale [2022] FWCA 710
- Case
- [2022] FWCA 710
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission related to whether the agreement met the requirements of the Fair Work Act 2009 and whether it was a simple, fair, and adaptable agreement. The Commission needed to consider whether the agreement was made in good faith, whether it contained all the required minimum terms and conditions, and whether it was free from prohibited content. The Commission also had to determine if the agreement was appropriately certified by an independent certifier.
In making its decision, the Commission considered the evidence provided by the parties, including submissions and witness testimonies. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It was also free from prohibited content. The agreement was appropriately certified by an independent certifier and was found to be simple, fair, and adaptable. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement.
The Fair Work Commission approved the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2021. The approval took effect from the date of the Commission's decision and is binding on all parties covered by the agreement.
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