DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mid Murray Homes for the Aged Incorporated T/A Aminya Village Hostel
(AG2017/3420)

AMINYA VILLAGE HOSTEL AGED CARE EMPLOYEES AUSTRALIAN NURSING & MIDWIFERY FEDERATION ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2017.

[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 2017 (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 Incorporated T/A Aminya Village Hostel. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mid Murray Homes for the Aged Incorporated T/A Aminya Village Hostel applied to the Fair Work Commission for approval of the Aminya Village Hostel Aged Care Employees Australian Nursing & Midwifery Federation Enterprise Agreement 2017. The application was opposed by the Aged Care Workers Union, which argued the agreement was not in the best interests of the employees, as it would lead to a two-tier wage system and create insecurity and uncertainty in the workforce. The Commission was required to consider whether the agreement met the threshold for approval, including whether it was in the best interests of the employees and did not unfairly discriminate against any group of employees.

The Commission found that the agreement did not unfairly discriminate against any group of employees and was in the best interests of the employees. The Commission noted that the agreement provided for a transitional period during which existing employees would remain on their existing rates of pay, and new employees would be employed on the lower rates set out in the agreement. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes and provided for adequate consultation and communication between the employer and employees. The Commission approved the agreement, finding that it met the threshold for approval.

The Commission ordered that the agreement be approved as a registered agreement and that it be registered by the Registrar of the Fair Work Commission. The agreement was to be in effect from the date of registration and would remain in effect until the earlier of the date on which it was terminated in accordance with its terms or the date on which a new agreement was registered in its place. The Commission also ordered that the agreement be published on the Fair Work Commission’s website and that a copy be provided to the parties and any other person who requested it.

Mid Murray Homes for the Aged Incorporated T/A Aminya Village Hostel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established