Matthew Flinders Home Inc Summary

[2013] FWCA 8745

FAIR WORK COMMISSION

DECISION

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

Matthew Flinders Home Inc
(AG2013/9870)

MATTHEW FLINDERS HOME INC CLERICAL AND SUPPORT STAFF EMPLOYEES, UNITED VOICE AND ANMF - SA ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 8 NOVEMBER 2013

Application for approval of the Matthew Flinders Home Inc Clerical and Support Staff Employees, United Voice and ANMF - SA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Matthew Flinders Home Inc Clerical and Support Staff Employees, United Voice and ANMF - SA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Matthew Flinders Home Inc. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] United Voice and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 31 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Matthew Flinders Home Inc, an applicant seeking approval for its clerical and support staff employees' enterprise agreement with United Voice and the Australian Nursing and Midwifery Federation - South Australian Branch. The matter was heard by the Fair Work Commission, Australia's industrial relations tribunal. The core dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural requirements of the Act, and if the agreement was free from any invalid provisions that could render it non-compliant. The Commission had to determine if the agreement was fair and reasonable for the employees and whether it adhered to the provisions of the Fair Work Act.

In examining the agreement, the Commission noted that it contained provisions on employment terms, conditions, and dispute resolution mechanisms. The Commission assessed whether these provisions were fair and reasonable for the employees, taking into account the nature of the work, the industry standards, and the bargaining power of the parties. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and was procedurally compliant with the Act. The agreement was also found to be free from any invalid provisions. Therefore, the Commission approved the Matthew Flinders Home Inc Clerical and Support Staff Employees, United Voice and ANMF - SA Enterprise Agreement 2013.

Matthew Flinders Home Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established