DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ottrey Homes - Cobram & District Retirement Village Inc T/A Ottrey Lodge
(AG2014/11077)

OTTREY HOMES - COBRAM AND DISTRICT RETIREMENT VILLAGES INC. (TRADING AS OTTREY LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 10 MARCH 2015

Application for approval of the Ottrey Homes - Cobram and District Retirement Villages Inc. (trading as Ottrey Lodge), ANMF and HSU Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Ottrey Homes - Cobram and District Retirement Villages Inc. (trading as Ottrey Lodge), ANMF and HSU 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 Ottrey Homes - Cobram & District Retirement Villages Inc (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 & 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 does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2015. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants sought approval of an enterprise agreement, which was negotiated between the employer, Ottrey Homes - Cobram & District Retirement Village Inc, and two unions, the Australian Nursing and Midwifery Federation and the Health Services Union. The employer sought to have the agreement approved by the Fair Work Commission. The unions, who were not involved in the proceedings, did not oppose the application. The Fair Work Commission was required to determine whether the application was made in accordance with the relevant legislation, and whether the agreement was in the best interests of the employees.

The court was required to determine whether the application was valid and whether the agreement complied with the statutory requirements. The court also had to consider whether the agreement was in the best interests of the employees. The employer argued that the application was valid and that the agreement complied with the statutory requirements. The unions did not oppose the application. The court had to consider the evidence and submissions from the parties and determine whether the agreement was in the best interests of the employees.

The court found that the application was valid and that the agreement complied with the statutory requirements. The court also found that the agreement was in the best interests of the employees. The court considered the evidence and submissions from the parties and found that the agreement provided for a fair and reasonable outcome for the employees. The court approved the agreement and made the necessary orders.

The court made orders approving the enterprise agreement and directed that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement be published in the prescribed manner. The orders were made in accordance with the relevant legislation and were in the best interests of the employees.

Ottrey Homes - Cobram & District Retirement Village Inc T/A Ottrey Lodge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established