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

[2013] FWCA 5116

FAIR WORK COMMISSION

DECISION

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

Naracoorte Home for the Aged Inc T/A Longridge Aged Care
(AG2013/7657)

LONGRIDGE AGED CARE NURSING EMPLOYEES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 26 JULY 2013

Application for approval of the Longridge Aged Care Nursing Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Longridge Aged Care Nursing Employees Enterprise Agreement 2013 (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. 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 2 August 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Naracoorte Home for the Aged Inc, trading as Longridge Aged Care, and various employees. The dispute centred on the application for the approval of the Longridge Aged Care Nursing Employees Enterprise Agreement 2013. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, including provisions regarding good faith bargaining, the inclusion of appropriate terms and conditions, and the absence of any unfair content.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated between the employer and the employees, whether it contained all the mandated terms and conditions, and whether any of its provisions were unfairly prejudicial to the employees. Furthermore, the Commission considered whether the agreement complied with the statutory minimum standards set out in the Fair Work Act, and whether the process of reaching the agreement was conducted in good faith.

The Commission, after reviewing the evidence and submissions from both parties, concluded that the agreement was fairly negotiated, contained all necessary terms and conditions, and did not include any unfair provisions. The Commission determined that the employer had engaged in good faith bargaining and that the agreement did not contravene any statutory minimum standards. As a result, the Commission approved the Longridge Aged Care Nursing Employees Enterprise Agreement 2013. This decision ensures that the agreement remains in effect, governing the employment terms of the nursing staff at Longridge Aged Care.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established