Martindale ACF Pty Ltd T/A Martindale Aged Care Facility Summary

[2013] FWCA 10120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Martindale ACF Pty Ltd T/A Martindale Aged Care Facility
(AG2013/10318)

MARTINDALE ACF PTY LTD AND ANMF NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 20 DECEMBER 2013

Application for approval of the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Martindale ACF Pty Ltd T/A Martindale Aged Care Facility. The Agreement is a single-enterprise agreement.

[2] 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) of the Act I note that the Agreement covers the organisation.

[3] On 11 December 2013, I wrote to the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Martindale ACF Pty Ltd T/A Martindale Aged Care Facility was the applicant in an application before the Fair Work Commission (FWC) to approve the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2013. The dispute involved the approval of the terms and conditions of employment for nursing employees at the Martindale Aged Care Facility, as outlined in the proposed enterprise agreement.

The legal issues before the FWC included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith and whether it complied with the procedural fairness requirements. The FWC also considered whether the agreement provided for the protection of employees' rights, including minimum entitlements, and if it adhered to the principles of public policy, such as promoting harmonious, productive and cooperative workplace relations.

In reaching its decision, the FWC assessed the evidence provided by both parties and considered the terms of the proposed agreement. The Commission found that the agreement was made in good faith and met the procedural fairness requirements. It also determined that the agreement provided for the protection of employees' rights and complied with the relevant principles of public policy. Consequently, the FWC approved the Martindale ACF Pty Ltd and ANMF Nursing Employees Enterprise Agreement 2013.

The FWC's final order was that the proposed enterprise agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the FWC's decision. This decision provided certainty and legal recognition for the terms and conditions of employment for the nursing employees at Martindale Aged Care Facility, ensuring they were fairly and adequately represented in their workplace.

Martindale ACF Pty Ltd T/A Martindale Aged Care Facility

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established