Phillip Island Homes for the Aged Association Inc. Summary

[2014] FWCA 3119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Phillip Island Homes for the Aged Association Inc.
(AG2014/5689)

PHILLIP ISLAND HOMES FOR THE AGED ASSOCIATION INC. (TRADING AS MELALEUCA LODGE), ANMF AND HSU ENTERPRISE AGREEMENT 2013

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 12 MAY 2014

Application for approval of the Phillip Island Homes for the Aged Association Inc. (trading as Melaleuca Lodge), ANMF and HSU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Phillip Island Homes for the Aged Association Inc. (trading as Melaleuca Lodge), ANMF and HSU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Phillip Island Homes for the Aged Association Inc. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to 14 April 2014, the date of lodgement.

[3] The Australian Nursing and Midwifery Federation, Victorian Branch and the Health Services Union, Victorian Branch T/A Health Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they seek to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2014. The nominal expiry date of the Agreement is 31 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Phillip Island Homes for the Aged Association Inc., trading as Melaleuca Lodge, the Australian Nursing and Midwifery Federation (ANMF), and the Health Services Union (HSU). The dispute centred around the approval of the Enterprise Agreement 2013. The case was heard in the Fair Work Commission of Australia.

The legal issues that needed to be addressed pertained to the fairness and compliance of the Enterprise Agreement 2013. This included whether the agreement met the requirements under the Fair Work Act 2009 and whether it provided for the proper protection of employees' rights and conditions of employment.

The Fair Work Commission reviewed the Enterprise Agreement 2013 and considered the submissions from the parties involved. The Commission found that the agreement was fair and compliant with the relevant legislation. The Commission also noted the efforts made by the parties to reach an agreement that balanced the interests of both employers and employees. Consequently, the Commission approved the agreement, acknowledging the satisfactory outcomes it achieved for both parties.

The final orders of the Fair Work Commission were that the Phillip Island Homes for the Aged Association Inc. (trading as Melaleuca Lodge), ANMF and HSU Enterprise Agreement 2013 be approved. The approval was effective from the date of the Commission's decision, ensuring the continued operation of the agreement under the Fair Work Act 2009.

Phillip Island Homes for the Aged Association Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established