DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Matthew Flinders Home Inc T/A Matthew Flinders Care Services
(AG2016/7195)

MATTHEW FLINDERS HOME INC NURSING EMPLOYEES & ANMF ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Matthew Flinders Home Inc Nursing Employees & ANMF Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Matthew Flinders Home Inc Nursing Employees & ANMF 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 by Matthew Flinders Home Inc T/A Matthew Flinders Care Services. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Matthew Flinders Home Inc T/A Matthew Flinders Care Services sought approval of the Matthew Flinders Home Inc Nursing Employees & ANMF Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues centred on whether the agreement complied with the procedural requirements for enterprise agreements and whether it contained any provisions that were contrary to public policy or contravened any relevant minimum standards.

The Commission considered the procedural validity of the agreement, including whether the appropriate bargaining representatives had been involved in the negotiation process and whether the necessary consultation with employees had taken place. It also examined the substantive provisions of the agreement to ensure that they did not contravene any relevant minimum standards or public policy. The Commission found that the agreement was negotiated and agreed upon in good faith, with proper consultation and representation, and that it did not contain any provisions that were contrary to public policy or minimum standards.

Accordingly, the Fair Work Commission approved the Matthew Flinders Home Inc Nursing Employees & ANMF Enterprise Agreement 2015. The Commission was satisfied that the agreement was fair and reasonable and met all the necessary legal criteria for approval. The agreement was certified and will now form the basis of the employment conditions for the nursing employees of Matthew Flinders Care Services.

Matthew Flinders Home Inc T/A Matthew Flinders Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established