DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mercy Health and Aged Care Inc
(AG2015/430)

MERCY HEALTH AND AGED CARE INC., ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 20 MARCH 2015

Application for approval of the Mercy Health and Aged Care Inc., ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Mercy Health and Aged Care Inc., ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mercy Health and Aged Care Inc. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 20 March 2015 and, in accordance with s.54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 30 June 2018.

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<Price code O, AE413156 PR562255

CaseChat Overview and Summary

In the case of Mercy Health and Aged Care Inc, the applicant sought approval for the Enterprise Agreement between Mercy Health and Aged Care Inc, the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU) for 2014. The dispute was adjudicated in the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issue the court had to address was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for a "single interest employer bargaining agreement" and if it contained all the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court examined whether the agreement was genuinely negotiated and if the parties had conducted themselves in good faith during the negotiation process.

The court examined the agreement's provisions, the negotiation process, and the evidence presented by the parties. The court found that the agreement was genuinely negotiated and met the requirements of a single interest employer bargaining agreement. Furthermore, the court determined that the agreement contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. Consequently, the court approved the Mercy Health and Aged Care Inc., ANMF and HSU Enterprise Agreement 2014.

The court's decision was based on the evidence presented by the parties and the provisions of the Fair Work Act 2009. The court found that the agreement was genuinely negotiated, contained all the necessary minimum terms and conditions, and complied with the relevant provisions of the Act. The court's approval of the enterprise agreement ensured that the terms and conditions of employment for the employees covered by the agreement were fair and met the requirements of the Act.

Mercy Health and Aged Care Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established