DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olivet Aged Persons Home T/A Olivet Aged Persons Home
(AG2014/11082)

OLIVET AGED PERSONS HOME HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 11 MARCH 2015

Application for approval of the Olivet Aged Persons Home Health and Allied Services Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Olivet Aged Persons Home Health and Allied Services 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 Olivet Aged Persons Home (the Applicant).

[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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 18 March 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Olivet Aged Persons Home T/A Olivet Aged Persons Home, applied for approval of the Olivet Aged Persons Home Health and Allied Services Enterprise Agreement 2014. The respondent, the Health Services Union of Australia, opposed the application on several grounds. The union argued that the agreement was not in the best interests of the employees, that it did not meet the statutory requirements for approval, and that it contained terms that were not fair and reasonable.

The legal issues before the court were whether the agreement met the statutory requirements for approval, whether it was in the best interests of the employees, and whether it contained terms that were fair and reasonable. The court considered the provisions of the Fair Work Act 2009, the nature of the agreement, and the submissions of both parties. The court found that the agreement met the statutory requirements for approval and that it was in the best interests of the employees. The court also found that the agreement contained terms that were fair and reasonable.

The court's reasoning was based on a detailed analysis of the agreement and the submissions of both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including wages, leave entitlements, and other benefits. The court also found that the agreement provided for a fair and reasonable process for resolving disputes and that it promoted harmonious, productive, and cooperative workplace relations. The court was satisfied that the agreement met the statutory requirements for approval and that it was in the best interests of the employees.

The final orders of the court were that the Olivet Aged Persons Home Health and Allied Services Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement was approved with the condition that it be brought into operation on 1 July 2014.

Olivet Aged Persons Home T/A Olivet Aged Persons Home

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established