N.G. Gilchrist Family Trust T/A Kalimna House Private Nursing Home Summary

[2014] FWCA 3273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N.G. Gilchrist Family Trust T/A Kalimna House Private Nursing Home
(AG2014/5920)

KALIMNA HOUSE PRIVATE NURSING HOME, ANMF AND HSU ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 16 MAY 2014

Application for approval of the Kalimna House Private Nursing Home, ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kalimna House Private Nursing Home, ANMF and HSU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the N. G. Gilchrist Family Trust. 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 23 May 2014. The nominal expiry date of the Agreement is 31 May 2017.

[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(3) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and Health Services Union of Australia 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), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, N.G. Gilchrist Family Trust trading as Kalimna House Private Nursing Home, applied for approval of the ANMF and HSU Enterprise Agreement 2014 under the Fair Work Act 2009. The applicant is a private nursing home in Tasmania that employs registered nurses and other nursing staff. The registered nurses are represented by the Australian Nursing and Midwifery Federation, while the other nursing staff are represented by the Health Services Union. The application was opposed by the Tasmanian Nurses and Midwifery Association, which represents enrolled nurses and assistant nurses in industry.

The primary legal issue before the court was whether the proposed agreement was in the best interests of the employees, and whether it complied with the requirements of the Fair Work Act. The applicant argued that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including a pay rise and improved working conditions. The applicant also argued that the agreement complied with the requirements of the Fair Work Act, including the requirement that the agreement be in writing and be approved by a majority of the employees. The opponent argued that the agreement did not provide for fair and reasonable terms and conditions of employment, and that it did not comply with the requirements of the Fair Work Act.

The court found that the proposed agreement was in the best interests of the employees, and that it complied with the requirements of the Fair Work Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was approved by a majority of the employees. The court also found that the agreement did not contravene any provision of the Fair Work Act, and that it was not contrary to public policy. The court therefore approved the proposed agreement.

The court ordered that the ANMF and HSU Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement will apply to the employees of the applicant from 1 April 2014, and will remain in force until 31 March 2017, unless terminated earlier in accordance with the agreement or the Fair Work Act. The court also ordered that the applicant pay the costs of the application.

N.G. Gilchrist Family Trust T/A Kalimna House Private Nursing Home

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established