Mayflower Brighton Summary

[2018] FWCA 1145

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mayflower Brighton

(AG2017/3389)

Mayflower Health and Allied Services Enterprise Agreement 2017

Aged care industry
Commissioner Harper-Greenwell	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the Mayflower Health and Allied Services Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Mayflower Health and Allied Services 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 Mayflower Brighton. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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) I note that the Agreement covers the organisations.

The Agreement was approved on 22 February 2018 and, in accordance with s.54, will operate from 1 March 2018. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Mayflower Health and Allied Services, applied for the approval of the Mayflower Health and Allied Services Enterprise Agreement 2017. The respondent, Australian Nursing and Midwifery Federation, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the Mayflower Health and Allied Services Enterprise Agreement 2017 complied with the provisions of the Fair Work Act 2009, specifically regarding the process of bargaining and the fairness of the terms. The Commission examined whether the agreement had been made in good faith, whether the parties had engaged in genuine bargaining, and whether the terms and conditions of employment were fair and reasonable.

The Commission considered the evidence and submissions from both parties. It found that the agreement had been made in good faith and that there had been genuine bargaining between the parties. The Commission was satisfied that the terms and conditions of employment were fair and reasonable, taking into account the nature of the work, the circumstances of the employees, and the overall fairness of the agreement. The Commission approved the Mayflower Health and Allied Services Enterprise Agreement 2017, noting that it met the requirements of the Fair Work Act 2009.

The Commission made an order approving the Mayflower Health and Allied Services Enterprise Agreement 2017 as a certified agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The approval of the agreement was effective from the date of the Commission's decision.

Mayflower Brighton

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established