DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mary MacKillop Care SA Ltd
(AG2017/5369)

CALVARY MARY MACKILLOP CARE SA NURSING EMPLOYEES ANMF SOUTH AUSTRALIAN BRANCH (AGED CARE) ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 20 APRIL 2018

Application for approval of the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mary MacKillop Care SA Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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) 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 27 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Mary MacKillop Care SA Ltd, on one side, and the Calvary Mary MacKillop Care SA Nursing Employees ANMF South Australian Branch (Aged Care), on the other. This legal dispute concerns the approval of the Enterprise Agreement 2017 between the employer and the union representing the nursing staff. The case was heard by the Fair Work Commission of Australia.

The central legal issues the court had to address were whether the Enterprise Agreement met the statutory requirements for approval and if the agreement was fair and reasonable for the employees. This included assessing whether the agreement complied with the Fair Work Act 2009, specifically concerning the terms of employment, remuneration, and conditions. Additionally, the court examined whether the union had followed the necessary procedures in negotiating the agreement and if the agreement contained any provisions that were contrary to public policy or outside the scope of the bargaining.

The court determined that the agreement met all statutory requirements and was fair and reasonable for the employees. The decision was based on the comprehensive negotiation process that was followed, the inclusion of provisions that were beneficial to the employees, and the absence of any provisions that were contrary to public policy. The court found that the agreement provided adequate protections and benefits to the employees and was consistent with the objectives of the Fair Work Act 2009. The application for approval was subsequently granted, allowing the Enterprise Agreement to become effective.

Mary MacKillop Care SA Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established