Mt View Homes Incorporated

[2014] FWCA 3570

FAIR WORK COMMISSION

DECISION

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

Mt View Homes Incorporated
(AG2014/6078)

MT VIEW HOMES INC NURSES EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 28 MAY 2014

Application for approval of the Mt View Homes Inc Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mt View Homes Inc Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mt View Homes Incorporated. The Agreement is a single-enterprise agreement.

[2] I am 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.

[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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mt View Homes Incorporated applied to the Fair Work Commission for the approval of a new enterprise agreement for nurses employed in aged care. The applicant is a registered organisation that represents employers, while the respondents are registered unions representing the employees. The dispute concerns the terms and conditions of employment for nurses working in aged care facilities.

The legal issues before the Commission involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included whether the agreement contained the mandatory terms prescribed by the Act, and whether it had been made in good faith and without coercion. The Commission also needed to determine if the agreement provided for a fair and efficient workplace and whether it met the requirements for certification.

The Fair Work Commission found that the proposed agreement was compliant with the mandatory terms and provisions of the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and without coercion. The Commission also determined that the agreement provided for a fair and efficient workplace, meeting the requirements for certification. The Commission certified the agreement as a new enterprise agreement for the specified period.

The Fair Work Commission certified the Mt View Homes Inc Nurses Employees (Aged Care) & ANMF Enterprise Agreement 2014 as a new enterprise agreement. The agreement will now apply to the relevant nurses employed in aged care facilities, setting out their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established