DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mt View Homes Inc
(AG2017/6228)

MT VIEW HOMES INC NURSES EMPLOYEES (AGED CARE) ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 9 MAY 2018

Application for approval of the Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mt View Homes Inc Nurses Employees (Aged Care) 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 Mt View Homes Inc. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The parties involved in this matter were Mt View Homes Inc and the Health Services Union of Australia (HSUA). The primary issue before the Fair Work Commission (FWC) was whether the Enterprise Agreement (EA) proposed by the employer should be approved. The agreement had been negotiated and concluded between the employer and the union, but required the FWC's approval before it could come into effect. The applicant argued that the EA was appropriate, fair, and met the requirements set out in the Fair Work Act 2009 (Cth). The applicant contended that the EA was the product of genuine bargaining and was in line with the principles of good faith.

The FWC was required to consider whether the EA was appropriate for the employees covered by it and whether it complied with the legislative requirements. This involved examining whether the EA was fair and reasonable, met the objectives of the Act, and was the product of genuine bargaining. The FWC also needed to determine whether the EA complied with the various provisions of the Act, including the provisions relating to pay and conditions. The FWC considered the evidence presented by both parties and the arguments made regarding the appropriateness and fairness of the EA.

In its decision, the FWC found that the EA was appropriate and met the requirements set out in the Act. The FWC was satisfied that the EA was the product of genuine bargaining and was in line with the principles of good faith. The FWC found that the EA provided for fair and reasonable pay and conditions for the employees covered by it and was in line with the objectives of the Act. The FWC approved the EA, finding that it met all the necessary criteria and was fair and reasonable. The EA was therefore approved and came into effect on the date specified in the agreement.

Mt View Homes Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established