DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Milford Hall Pty Ltd
(AG2015/81)

MILFORD HALL PTY LTD (TRADING AS CHOMLEY HOUSE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 11 FEBRUARY 2015

Application for approval of the Milford Hall Pty Ltd (trading as Chomley House), ANMF and HSU Enterprise Agreement 2014.

[1] On 15 January 2015, Milford Hall Pty Ltd (Applicant) made an application for approval of the Milford Hall Pty Ltd (trading as Chomley House), ANMF and HSU Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Australian Nursing and Midwifery Federation (ANMF), 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 February 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Milford Hall Pty Ltd, trading as Chomley House, together with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), applied to the Fair Work Commission for approval of the Enterprise Agreement 2014. The dispute arose from the negotiation and implementation of the enterprise agreement between the employer and the unions representing the employees. The unions sought to have the agreement approved and enforced, while the employer contested certain provisions of the agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The employer argued that certain provisions of the agreement, particularly those related to shift penalties and additional payments, were not fair and reasonable and did not comply with the statutory requirements. The unions, on the other hand, contended that the agreement was a bona fide product of good faith negotiations and that it met all legal requirements.

The Commission examined the agreement in detail, considering the evidence and arguments presented by both parties. It found that the agreement was a genuine product of negotiations and that it complied with the statutory requirements. The Commission also found that the provisions contested by the employer were fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining process. The Commission approved the Enterprise Agreement 2014, rejecting the employer's objections.

The Commission ordered that the Enterprise Agreement 2014 between Milford Hall Pty Ltd, trading as Chomley House, and the Australian Nursing and Midwifery Federation and the Health Services Union be approved and registered. The agreement was to take effect from the date of the decision and would govern the employment conditions of the employees covered by the agreement.

Milford Hall Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established