DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal & District Aged Homes Inc
(AG2019/627)

LOBETHAL & DISTRICT AGED HOMES INC NURSING EMPLOYEES (AGED CARE) ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MAY 2019

Application for approval of the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lobethal & District Aged Homes Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 May 2019 and, in accordance with s.54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lobethal & District Aged Homes Inc applied to the Fair Work Commission for approval of their 2019 Enterprise Agreement for nursing employees. The application was opposed by the South Australian branch of the Health Services Union of Australia. The applicants were represented by Mr. B. M. Hill, while the respondent was represented by Ms. J. A. M. Robinson. The application was heard in the South Australian Branch of the Fair Work Commission by Deputy President L. M. J. O'Donnell.

The dispute centered on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The key issues were whether the agreement contained genuine terms, whether it was made in good faith, and whether it met the minimum standards set by the Act. The applicant argued that the agreement was valid, while the respondent contended that the agreement did not meet the statutory requirements.

Deputy President O’Donnell found that the application was made in good faith and that the agreement contained genuine terms. The Deputy President determined that the agreement met the minimum standards under the Fair Work Act and that the parties had engaged in genuine bargaining. The application was approved, and the agreement was registered.

The orders of the Fair Work Commission were that the Lobethal & District Aged Homes Inc Nursing Employees (Aged Care) Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009.

Lobethal & District Aged Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established