| [2017] FWCA 6353 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
North Sydney Retirement Trust and James Milson Nursing Home T/A James Milson Village
(AG2017/4189)
James Milson Village Enterprise Agreement 2017
| Aged care industry | |
| Deputy President Masson | MELBOURNE, 30 NOVEMBER 2017 |
Application for approval of the James Milson Village Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the James Milson Village Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Sydney Retirement Trust and James Milson Nursing Home T/A James Milson Village. The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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 these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 June 2020.
DEPUTY PRESIDENT
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Annexure A.
- AGLC
- North Sydney Retirement Trust and James Milson Nursing Home T/A James Milson Village [2017] FWCA 6353
- Case
- [2017] FWCA 6353
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved the validity and fairness of the proposed enterprise agreement. Key considerations included whether the agreement met the procedural requirements under the Fair Work Act, such as proper consultation with employee representatives and the provision of necessary information. Additionally, the Commission had to assess the substantive fairness of the agreement, including the adequacy of the terms and conditions provided to the employees, and whether the agreement provided for a fair and reasonable outcome for the workforce.
The Commission found that the application for approval was made in accordance with the statutory requirements and that the agreement had been formed through proper consultation processes. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the nursing home and the interests of the employees. The Commission approved the James Milson Village Enterprise Agreement 2017, noting that it provided for fair and reasonable terms and conditions for the employees, and was in their best interests.
The final orders of the Commission were that the James Milson Village Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act. This decision ensured that the terms and conditions of employment for the nursing home's staff were legally binding and provided a framework for fair and reasonable working conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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