DECISION

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

Moonta Health and Aged Care Service Inc
(AG2017/5790)

MOONTA HEALTH AND AGED CARE SERVICE INC NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 MARCH 2018

Application for approval of the Moonta Health and Aged Care Services Inc Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Moonta Health and Aged Care Services Inc Nursing Employees 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 Moonta Health and Aged Care Service Inc. 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 23 March 2018 and, in accordance with s.54, will operate from 30 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Moonta Health and Aged Care Service Inc sought approval of their Nursing Employees Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues involved whether the agreement complied with procedural requirements and substantive fairness provisions. Procedurally, the application needed to be lodged correctly and provide adequate information. Substantively, the agreement had to ensure good faith bargaining and meet the better-off-overall test. This required the court to review the negotiation process and compare the benefits and detriments of the agreement.

The Commission found the application was properly lodged and sufficiently detailed. It assessed the negotiation process and concluded that the agreement was reached through genuine bargaining. The court also determined that the agreement met the better-off-overall test, providing overall benefits to the employees. The Commission approved the agreement, finding it met the necessary legal standards.

The final orders included the approval of the Moonta Health and Aged Care Service Inc Nursing Employees Enterprise Agreement 2017, subject to the terms and conditions specified in the decision.

Moonta Health and Aged Care Service Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established