DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macedon Ranges Health Service
(AG2015/4562)

MACEDON RANGES HEALTH SERVICE (GISBORNE OAKS FACILITY) AGED CARE ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 28 AUGUST 2015

Application for approval of the Macedon Ranges Health Service (Gisborne Oaks Facility) Aged Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macedon Ranges Health Service (Gisborne Oaks Facility) Aged Care 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 the Victorian Hospitals Industrial Association as appointed bargaining representatives of Macedon Ranges Health. The agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Health Services Union of Australia and the Australian Nursing and Midwifery Federation, both 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2015. The nominal expiry date of the Agreement is 30 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Macedon Ranges Health Service, sought approval of the Macedon Ranges Health Service (Gisborne Oaks Facility) Aged Care Enterprise Agreement 2014 from the Fair Work Commission. The applicant's employees, who were members of a union, opposed the approval of the agreement. The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009 and whether the application for approval was valid.

The Commission examined the application to ensure it complied with the statutory requirements. It was necessary to assess whether the agreement had been fairly negotiated and whether it contained the necessary minimum terms and conditions of employment. The Commission also considered the views of the union and the employees, as well as any relevant public interest factors. After reviewing the evidence and submissions, the Commission concluded that the agreement met the legislative criteria for approval. The application was found to be valid, and the agreement was approved as it provided for fair and reasonable terms and conditions of employment for the employees.

The Fair Work Commission approved the Macedon Ranges Health Service (Gisborne Oaks Facility) Aged Care Enterprise Agreement 2014. The Commission found that the agreement was fairly negotiated and contained the necessary minimum terms and conditions of employment. The application for approval was valid, and the agreement was approved to ensure fair and reasonable terms for the employees.

Macedon Ranges Health Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established