Lower Burdekin Home for the Aged Society Inc

[2014] FWCA 3132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lower Burdekin Home for the Aged Society Inc
(AG2014/1068)

LOWER BURDEKIN HOME FOR THE AGED - NURSES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2014

Application for approval of the Lower Burdekin Home for the Aged - Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lower Burdekin Home for the Aged - Nurses Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lower Burdekin Home for the Aged Society Inc. The Agreement is a single-enterprise agreement.

[2] 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] The Queensland Nurses’ Union, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Lower Burdekin Home for the Aged Nurses Enterprise Agreement 2014. The applicant, Lower Burdekin Home for the Aged Society Inc, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including whether it was made in good faith, and whether it contained minimum entitlements as prescribed by the Act.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and if it complied with the provisions of the Fair Work Act. Additionally, the Commission had to determine if the agreement contained the mandated minimum entitlements, such as wages, hours of work, and other conditions of employment. The Commission also considered whether the agreement was consistent with the provisions of the National Employment Standards and whether there was any adverse action taken against employees for the purpose of making the agreement.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and the evidence presented by both parties. The Commission found that the agreement was indeed a genuine enterprise agreement, made in good faith, and contained all the required minimum entitlements. The Commission was satisfied that the agreement complied with the statutory requirements and that there had been no adverse action taken against employees in connection with the agreement. Consequently, the Commission approved the Lower Burdekin Home for the Aged Nurses Enterprise Agreement 2014.

As a result of the Commission's approval, the Lower Burdekin Home for the Aged Nurses Enterprise Agreement 2014 is now a legally binding document, setting out the terms and conditions of employment for the nurses at the facility. The agreement will remain in force until it is either superseded by a new agreement or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established