DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Luther Homes Boronia Inc T/A Martin Luther Homes
(AG2015/4033)

MARTIN LUTHER HOMES BORONIA INC. HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 31 JULY 2015

Application for approval of the Martin Luther Homes Boronia Inc. Health and Allied Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Martin Luther Homes Boronia Inc. Health and Allied Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Martin Luther Homes Boronia Inc T/A Martin Luther Homes. 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 Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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 the organisations.

[4] The Agreement was approved in Chambers on 31 July 2015 and, in accordance with s.54 of the Act, will operate from 7 August 2015. The nominal expiry date of the Agreement is 1 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Martin Luther Homes Boronia Inc. T/A Martin Luther Homes, the Fair Work Commission was presented with an application for the approval of the Martin Luther Homes Boronia Inc. Health and Allied Services Enterprise Agreement 2015. The dispute arose from negotiations between the applicant, Martin Luther Homes Boronia Inc., and the relevant union, which represented the employees. The Commission was required to determine whether the terms of the proposed agreement were fair and reasonable under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval as stipulated by the Act, including whether it provided for the proper management of the workplace, ensured fair and reasonable terms and conditions, and did not undermine the right to freedom of association. The Commission also had to consider the fairness of the proposed terms and conditions in light of the principles of enterprise bargaining and the need to balance the interests of both parties.

The Commission found that the proposed agreement was fair and reasonable on the whole. It noted that the agreement contained provisions that were consistent with the objectives of the Act, including provisions for dispute resolution and the protection of employee rights. The Commission also considered the impact of the agreement on the employees, finding that the terms and conditions were fair and reasonable given the nature of the work and the financial position of the employer. The Commission approved the agreement, noting that while there were some areas of concern, they did not outweigh the overall fairness of the proposed terms.

The Commission made orders approving the Martin Luther Homes Boronia Inc. Health and Allied Services Enterprise Agreement 2015. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision. The Commission also made orders relating to the implementation of the agreement and the rights and obligations of the parties under the agreement.

Martin Luther Homes Boronia Inc T/A Martin Luther Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established