DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Naracoorte Home for the Aged Inc T/A Longridge Aged Care
(AG2018/5592)

LONGRIDGE AGED CARE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Longridge Aged Care Nursing Employees Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Longridge Aged Care Nursing Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Naracoorte Home for the Aged Inc T/A Longridge Aged Care.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 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 15 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Naracoorte Home for the Aged Inc T/A Longridge Aged Care, sought the Fair Work Commission's approval of the Longridge Aged Care Nursing Employees Enterprise Agreement 2018. The respondents were the Australian Nursing and Midwifery Federation and the Australian Healthcare and Hospitals Association. The applicants argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment, taking into account the economic circumstances and other relevant factors. The respondents contended that the agreement should not be approved as it did not adequately address the applicants' bargaining position, the need for fair and reasonable terms and conditions of employment, and other relevant factors.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it took into account the economic circumstances and other relevant factors, and whether it adequately addressed the applicants' bargaining position. The court considered the principles of enterprise bargaining and the relevant provisions of the Fair Work Act 2009 (Cth). The court also considered the submissions and evidence provided by the parties, including the economic circumstances, the applicants' bargaining position, and the terms and conditions of employment proposed in the agreement.

After considering the evidence and submissions, the court found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic circumstances and other relevant factors. The court also found that the agreement adequately addressed the applicants' bargaining position. The court noted that the agreement provided for a range of terms and conditions of employment that were consistent with industry standards, and that it addressed the applicants' need to maintain a competitive and sustainable business. The court also noted that the agreement provided for a process for resolving disputes and for ongoing consultation between the parties.

The court approved the Longridge Aged Care Nursing Employees Enterprise Agreement 2018, subject to certain conditions and modifications. The court made orders for the approval of the agreement, with modifications to the provisions relating to redundancy payments, shift penalties, and the definition of a shift. The court also made orders for the agreement to be registered with the Fair Work Commission and for the agreement to be published on the Fair Work Commission's website.

Naracoorte Home for the Aged Inc T/A Longridge Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established