Mali Nominees Pty Ltd T/A Alphington Aged Care

[2014] FWCA 8023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mali Nominees Pty Ltd T/A Alphington Aged Care
(AG2014/9281)

MALI NOMINEES PTY LTD (TRADING AS ALPHINGTON AGED CARE) ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 12 NOVEMBER 2014

Application for approval of the Mali Nominees Pty Ltd (trading as Alphington Aged Care), ANMF and HSU Enterprise Agreement 2014.

[1] On 6 October 2014 Mali Nominees Pty Ltd T/A Alphington Aged Care (Applicant) made an application for approval of the Mali Nominees Pty Ltd (trading as Alphington Aged Care), 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 19 November 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mali Nominees Pty Ltd (trading as Alphington Aged Care) and two unions, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The dispute centred on the application for approval of the 2014 Enterprise Agreement between the employer and the unions. The applicants sought approval of the agreement to ensure its provisions could be enforced and to provide a stable working environment for employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. This included assessing whether the agreement had been made in good faith and whether it included all the minimum entitlements required by law. The Commission also had to consider if the agreement contained any terms that were contrary to public policy or otherwise unenforceable. Additionally, the Commission needed to ensure that the agreement was made without any coercion and that the parties had genuinely negotiated the terms.

In its decision, the Commission carefully reviewed the provisions of the agreement and considered the evidence presented by the parties. The Commission found that the agreement had been made in good faith and included all necessary minimum entitlements. It was also satisfied that the agreement did not contain any terms that were contrary to public policy. The Commission noted the evidence of genuine negotiation and the absence of coercion, which supported the validity of the agreement. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the relevant legal standards.

The Fair Work Commission's final order was the approval of the 2014 Enterprise Agreement between Mali Nominees Pty Ltd, ANMF, and HSU. This decision provided certainty and legal enforceability to the agreement's terms, ensuring a stable industrial relationship between the employer and the unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established