DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McKenzie Staff Pty Ltd
(AG2016/6468)

MCKENZIE AGED CARE (GLASSHOUSE VIEWS, SEABROOK, BRIBIE COVE) ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the McKenzie Aged Care (Glasshouse Views, Seabrook, Bribie Cove) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McKenzie Aged Care (Glasshouse Views, Seabrook, Bribie Cove) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McKenzie Staff Pty 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and Queensland Nurses’ Union of Employees 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of the McKenzie Aged Care (Glasshouse Views, Seabrook, Bribie Cove) Enterprise Agreement 2016 by McKenzie Staff Pty Ltd. The dispute arose from the need for the Fair Work Commission to determine whether the enterprise agreement complied with the necessary legal and procedural requirements under the Fair Work Act 2009. The application was heard in the Fair Work Commission, presided over by Commissioner S. M. C. Wilson.

The central legal issues before the Commission included whether the enterprise agreement had been fairly and properly negotiated, if it contained all the necessary prescribed terms, and if the process for its negotiation complied with the Fair Work Act. The Commission had to ascertain whether the agreement met the procedural requirements for genuine agreement, particularly considering the absence of union representation in the negotiation process. Additionally, the Commission needed to assess if the agreement was made without any coercion or unfair labour practices.

The Commission found that the enterprise agreement was genuinely negotiated and contained all the prescribed terms required by the Fair Work Act. It was noted that the negotiation process, although not union-assisted, was conducted in good faith and without any unfair labour practices. The Commission was satisfied with the evidence presented that the agreement reflected the terms agreed upon by the parties involved. Consequently, the application for approval of the enterprise agreement was granted, and the agreement was registered.

The Fair Work Commission approved the McKenzie Aged Care (Glasshouse Views, Seabrook, Bribie Cove) Enterprise Agreement 2016. The agreement was registered, and the terms and conditions outlined therein became legally enforceable for the parties involved.

McKenzie Staff Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established