DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lutheran Aged Care Albury
(AG2014/9531)

LUTHERAN AGED CARE, NSWNMA AND HSU NSW ENTERPRISE AGREEMENT 2014-2017

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 8 DECEMBER 2014

Application for approval of the Lutheran Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017.

[1] On 13 October 2014 Lutheran Aged Care Albury (Applicant) made an application for approval of the Lutheran Aged Care, NSWNMA and HSU NSW Enterprise Agreement 2014-2017 (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 Health Services Union of Australia, Australian Nursing and Midwifery Federation and New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 15 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Lutheran Aged Care, along with the NSW Nurses and Midwives' Association and the Health Services Union NSW, sought approval of an enterprise agreement that covered their employees. The agreement aimed to set out the terms and conditions of employment for the relevant period. The primary issue before the commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it was appropriately certified by the Australian Building and Construction Commission.

The commission considered the fairness and reasonableness of the terms and conditions outlined in the agreement, as well as the certification process. It examined whether the agreement provided for adequate wages, leave entitlements, and other employment terms that were fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act. The commission also assessed the certification process to determine if it had been conducted in accordance with the requirements of the Act. Ultimately, the commission found that the agreement met the necessary criteria for approval, and it granted the application for approval of the enterprise agreement.

As a result of the commission's decision, the Lutheran Aged Care, along with the NSW Nurses and Midwives' Association and the Health Services Union NSW, were granted approval for the enterprise agreement. The agreement now provides the terms and conditions of employment for the relevant employees, and it will be in effect for the period specified in the agreement. The commission's decision ensures that the agreement is fair and reasonable, and that it complies with the relevant provisions of the Fair Work Act.

Lutheran Aged Care Albury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established