DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Naracoorte Home for the Aged Inc T/A Longridge Aged Care
(AG2015/7691)

NARACOORTE HOME FOR THE AGED INC LONGRIDGE AGED CARE SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 7 JANUARY 2016

Application for approval of the Naracoorte Home for the Aged Inc Longridge Aged Care Sector Employees Enterprise Agreement 2015.

[1] On 16 December 2015 Naracoorte Home for the Aged Inc T/A Longridge Aged Care (Applicant) made an application for approval of the Naracoorte Home for the Aged Inc Longridge Aged Care Sector Employees Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 January 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Naracoorte Home for the Aged Inc, trading as Longridge Aged Care, which sought approval for the Longridge Aged Care Sector Employees Enterprise Agreement 2015. The primary dispute centred on the terms and conditions set out in the proposed agreement, with an emphasis on the implications for employees' working conditions and the fairness of the proposed terms.

The legal issues the court had to address included whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness in the agreement's negotiation and the substantive fairness of the terms themselves. The court needed to determine if the agreement was made in good faith, if it provided for the proper characterisation of employees, and if it contained minimum terms that were fair and reasonable.

The Fair Work Commission examined the evidence and submissions presented by both parties. It found that the agreement was negotiated in good faith and that the process adhered to the required procedural fairness. The court also concluded that the substantive terms of the agreement were fair and reasonable, taking into account the specific circumstances of the aged care sector and the need to ensure the provision of quality care for the elderly. The commission was satisfied that the agreement met the statutory requirements and approved the enterprise agreement.

In approving the agreement, the court made orders confirming its validity and enforceability. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the date of registration.

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