| [2014] FWCA 8396 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Maketa Pty Ltd T/A Rose Court Aged Care Facility
(AG2014/8247)
ROSE COURT AGED CARE FACILITY AND ANMF-SA NURSING EMPLOYEES ENTERPRISE AGREEMENT 2014
Health and welfare services | |
COMMISSIONER HAMPTON | ADELAIDE, 26 NOVEMBER 2014 |
Application for approval of the Rose Court Aged Care Facility and ANMF-SA Nursing Employees Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Rose Court Aged Care Facility and ANMF-SA Nursing Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Maketa Pty Ltd T/A Rose Court Aged Care Facility. 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] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.
[4] Australian Nursing and Midwifery Federation - South Australian Branch, 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 the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2014. The nominal expiry date of the Agreement is 30 June 2018.
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- AGLC
- Maketa Pty Ltd T/A Rose Court Aged Care Facility [2014] FWCA 8396
- Case
- [2014] FWCA 8396
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC were whether the agreement had been made in accordance with the relevant legislative provisions and whether the agreement met the requirements for approval. Specifically, the FWC had to consider if the agreement had been made free from any improper influences, coercion, or duress, and if it had been negotiated in good faith. Additionally, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the Fair Work Act 2009.
The FWC examined the process through which the agreement was negotiated and concluded that the agreement was made in good faith and without any improper influences. The commission found that the employer and the union had engaged in genuine negotiations, and the terms of the agreement were fair and reasonable. The FWC also determined that the agreement provided for terms and conditions that were no less favourable than the applicable award or the general industrial awards. Consequently, the FWC approved the agreement, finding it met the legal criteria for approval under the Fair Work Act 2009.
The FWC approved the ANMF-SA Nursing Employees Enterprise Agreement 2014 for the employees of Maketa Pty Ltd T/A Rose Court Aged Care Facility. The FWC's decision confirmed the agreement's compliance with the relevant legislative requirements and its fairness and reasonableness for the employees involved. This approval ensures that the new enterprise agreement will govern the terms and conditions of employment for the nursing staff at the aged care facility, providing a legally binding framework for their employment relationship.
Orders
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Background
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Evidence
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