| [2022] FWCA 4572 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mid Murray Homes for the Aged Inc T/A Aminya Village
(AG2022/5084)
Mid Murray Homes for the Aged Inc., Nursing Staff & ANMF Enterprise Agreement 2022
| Health and welfare services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 22 DECEMBER 2022 |
Application for approval of the Mid Murray Homes for the Aged Inc., Nursing Staff & ANMF Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Mid Murray Homes for the Aged Inc., Nursing Staff & ANMF Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Mid Murray Homes for the Aged Inc T/A Aminya Village (Employer). The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of 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 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518721 PR749210>
Annexure A
- AGLC
- Mid Murray Homes for the Aged Inc T/A Aminya Village [2022] FWCA 4572
- Case
- [2022] FWCA 4572
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Commission had to address were whether the agreement was genuinely negotiated and whether it complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for genuine negotiation as outlined in section 228 of the Act, and if it complied with the provisions of the Fair Work Act, including the terms that ensure fairness and the avoidance of undue influence or coercion.
The Commission found that the agreement had been genuinely negotiated, as evidenced by the detailed and rigorous negotiation process that had taken place. The Commission was satisfied that both parties had engaged in good faith and that the agreement reflected a fair and reasonable outcome for both the employer and the employees. The Commission also determined that the agreement complied with all relevant provisions of the Fair Work Act. The terms of the agreement were considered to be fair and reasonable, taking into account the needs of both the employer and the employees, as well as the broader economic and employment context. Consequently, the Commission approved the agreement under section 232 of the Act.
The Fair Work Commission approved the Mid Murray Homes for the Aged Inc., Nursing Staff & ANMF Enterprise Agreement 2022, confirming that it had been genuinely negotiated and met all statutory requirements. This decision ensures that the terms of the agreement are legally enforceable and will govern the employment conditions of the nursing staff at Mid Murray Homes for the Aged Inc. for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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