Mt View Homes Inc T/A Mt View Homes

[2022] FWCA 1599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mt View Homes Inc T/A Mt View Homes

(AG2022/1289)

Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 MAY 2022

Application for approval of the Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of Mt View Homes Inc T/A Mt View Homes involved an application for the approval of an enterprise agreement. The agreement in question was the Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2022. The applicant, Mt View Homes Inc, sought approval from the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly focusing on whether it contained terms that were in the best interests of the employees and complied with the various legislative provisions.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically sections pertaining to the approval of enterprise agreements. The court needed to determine whether the agreement's terms were fair and reasonable, and whether they were in the best interests of the employees. Additionally, the court had to assess whether the agreement had been made in accordance with the prescribed processes and whether the mandatory provisions of the Fair Work Act had been complied with.

The Fair Work Commission examined the agreement meticulously, considering the submissions from both the applicant and the relevant employees. The Commission noted that the agreement contained terms that were generally fair and reasonable and aligned with the statutory framework. The Commission found that the agreement provided for adequate protections for employees, including fair wages and working conditions. Furthermore, the Commission was satisfied that the agreement had been made following the correct procedural steps, and all mandatory provisions of the Fair Work Act had been met. Consequently, the Commission approved the agreement.

In conclusion, the Fair Work Commission approved the Mt View Homes Inc Nurses Employees (Aged Care) Enterprise Agreement 2022, finding it to be fair and reasonable and in compliance with the Fair Work Act. This decision was made following a thorough review of the agreement and the processes involved in its creation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established