| [2015] FWCA 2011 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd T/A Twin Parks Hostel and Twin Parks Aged Care Centre
(AG2015/1829)
LORA HILL PTY LTD AND GRETNA MANOR PTY LTD (TRADING AS TWIN PARKS HOSTEL) AND COBURG AGED CARE PTY LTD (TRADING AS TWIN PARKS AGED CARE CENTRE) ANMF AND HSU ENTERPRISE AGREEMENT 2014
Aged care industry | |
COMMISSIONER JOHNS | MELBOURNE, 24 MARCH 2015 |
Application for approval of the Lora Hill Pty Ltd and Gretna Manor Pty Ltd (trading as Twin Parks Hostel) and Coburg Aged Care Pty Ltd (trading as Twin Parks Aged Care Centre) ANMF and HSU Enterprise Agreement 2014.
[1] On 9 February 2015, Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd T/A Twin Parks Hostel and Twin Parks Aged Care Centre (Applicant) made an application for approval of the Lora Hill Pty Ltd and Gretna Manor Pty Ltd (trading as Twin Parks Hostel) and Coburg Aged Care Pty Ltd (trading as Twin Parks Aged Care Centre) 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 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 31 March 2015. The nominal expiry date of the Agreement is 31 October 2017.
COMMISSIONER
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- AGLC
- Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd T/A Twin Parks Hostel and Twin Parks Aged Care Centre [2015] FWCA 2011
- Case
- [2015] FWCA 2011
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the Fair Work Commission to determine were whether the agreement met the criteria for being "unregistered" as per the Fair Work Act 2009 and if the process for reaching the agreement was procedurally fair. The Commission also needed to assess if the agreement was in the best interests of the employees and whether it contained provisions that were fair and reasonable in all respects.
In evaluating the application, the Commission found that the bargaining process was procedurally fair, with all parties adhering to the necessary steps and requirements. The agreement itself was considered to be in the best interests of the employees, with provisions that were fair and reasonable. The Commission highlighted that the agreement addressed various employee concerns, including wages, conditions of employment, and dispute resolution mechanisms. Given these findings, the Commission approved the Enterprise Agreement 2014, certifying it as an unregistered agreement.
The Fair Work Commission certified the Lora Hill Pty Ltd and Gretna Manor Pty Ltd and Coburg Aged Care Pty Ltd Enterprise Agreement 2014 as an unregistered agreement, effective from the date of the decision. This certification means that the terms and conditions outlined in the agreement will apply to the employees of the respondent companies, and it will be binding until superseded by a new agreement or the expiration of its term.
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