Mid Murray Homes for the Aged Incorporated

[2013] FWCA 10125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mid Murray Homes for the Aged Incorporated
(AG2013/10485)

AMINYA VILLAGE HOSTEL AGED CARE EMPLOYEES AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 20 DECEMBER 2013

Application for approval of the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mid Murray Homes for the Aged Incorporated. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mid Murray Homes for the Aged Incorporated lodged an application with the Fair Work Commission for the approval of the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2013. The application came before the Commission, which had to decide whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the court were whether the agreement was a "bargained agreement" and whether it was a "modern award." The Commission had to determine whether the agreement was the result of genuine bargaining, as well as whether the agreement was in accordance with the requirements of the Fair Work Act 2009. The Commission found that the agreement was a bargained agreement, and that it was a modern award. The Commission noted that the agreement was the result of genuine bargaining, and that it contained terms and conditions that were better than the minimum standards set out in the Fair Work Act 2009. The Commission also found that the agreement was in accordance with the requirements of the Fair Work Act 2009, and that it met the criteria for approval. The court approved the agreement, finding that it was a genuine bargain and a modern award. The court noted that the agreement provided for better terms and conditions than the minimum standards set out in the Fair Work Act 2009, and that it met all of the requirements for approval. The court approved the agreement, and the parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established