Moyola Aged Care Inc.

[2014] FWCA 5164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moyola Aged Care Inc.
(AG2014/6842)

MOYOLA LODGE AGED CARE FACILITY, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 30 JULY 2014

Application for approval of the Moyola Lodge Aged Care Facility, ANMF and HSU Enterprise Agreement 2014.

[1] On 16 July 2014 Moyola Aged Care Inc. (Applicant) made an application for approval of the Moyola Lodge Aged Care Facility, 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 Health Services Union and Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moyola Aged Care Inc. applied for the approval of the Moyola Lodge Aged Care Facility, ANMF and HSU Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which was required to determine whether the agreement provided for fair and reasonable terms and conditions for the employees of the facility. The application was contested by the Australian Nursing and Midwifery Federation and the Health Services Union, who argued that the agreement did not adequately protect the rights of the employees.

The Fair Work Commission examined the agreement and found that it provided for fair and reasonable terms and conditions for the employees. The Commission considered the nature of the work performed by the employees, the wages and conditions provided for in the agreement, and the views of the parties involved. The Commission determined that the agreement was appropriate and in the best interests of the employees.

Accordingly, the Fair Work Commission approved the Moyola Lodge Aged Care Facility, ANMF and HSU Enterprise Agreement 2014. The agreement was deemed to be fair and reasonable, and was approved as a registered agreement under the Fair Work Act 2009. The decision of the Commission was based on a thorough examination of the agreement and the interests of the employees, and was made in accordance with the relevant legislation and principles of industrial law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established