DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prabhash Nominees Pty Ltd T/A Ananda Aged Care
(AG2017/1259)

ANANDA AGED CARE NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 4 MAY 2017

Application for approval of the Ananda Aged Care Nurses Enterprise Agreement 2016.

[1] On 11 April 2017 Prabhash Nominees Pty Ltd T/A Ananda Aged Care (Applicant) made an application for approval of the Ananda Aged Care Nurses Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Prabhash Nominees Pty Ltd T/A Ananda Aged Care concerned an application for the approval of the Ananda Aged Care Nurses Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement met the statutory requirements for approval, specifically whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission examined whether the agreement had been fairly negotiated and if it contained the necessary minimum terms and conditions of employment as mandated by the legislation. A significant aspect of the hearing was the consideration of the process by which the agreement was negotiated, including whether there was adequate representation of the employees and whether the agreement reflected the genuine views of the workforce. Furthermore, the Commission assessed if the agreement provided for fair and reasonable terms in relation to wages, conditions, and dispute resolution mechanisms.

The Fair Work Commission determined that the enterprise agreement was fairly negotiated and contained all the required minimum terms and conditions. The Commission was satisfied that the process adhered to the legal standards and that the agreement reflected the collective views of the employees. Consequently, the application for approval was successful. The Commission certified the agreement, enabling it to take effect as a legally binding contract between the employer and the employees.

As a result of the Commission's decision, the Ananda Aged Care Nurses Enterprise Agreement 2016 was approved and certified, thereby providing a formal framework for the terms and conditions of employment for the nurses at Ananda Aged Care.

Prabhash Nominees Pty Ltd T/A Ananda Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established