DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid Murray Homes for the Aged Inc. T/A Aminya Village
(AG2019/2073)

MID MURRAY HOMES FOR THE AGED INC. NURSING STAFF & ANMF ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2019

Application for approval of the Mid Murray Homes for the Aged Inc. Nursing Staff & ANMF Enterprise Agreement 2018.

[1] 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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mid Murray Homes for the Aged Inc. T/A Aminya Village. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mid Murray Homes for the Aged Inc. trading as Aminya Village applied to the Fair Work Commission for approval of the Mid Murray Homes for the Aged Inc. Nursing Staff & ANMF Enterprise Agreement 2018. The Australian Nursing and Midwifery Federation opposed the application on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009. The legal issues before the commission were whether the agreement contained the minimum terms and conditions of employment as required by the act, and whether the agreement was made in good faith and without coercion.

The commission found that the agreement contained all the prescribed minimum terms and conditions, and that the parties had made the agreement in good faith and without coercion. The commission noted that the agreement provided for a number of benefits for the employees, including pay rates and conditions that were comparable to, or better than, those provided for in the relevant industry award. The commission also found that the agreement had been negotiated over a period of several months, and that both parties had made genuine attempts to reach a settlement. The application for approval of the agreement was therefore granted.

The commission made an order approving the Mid Murray Homes for the Aged Inc. Nursing Staff & ANMF Enterprise Agreement 2018 as a registered agreement under section 186 of the Fair Work Act 2009. The order is effective from the date of the commission's decision and will remain in force until the earlier of the agreement's expiry or termination in accordance with its terms.

Mid Murray Homes for the Aged Inc. T/A Aminya Village

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established