[2014] FWCA 3893 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rangeview Private Nursing Home Pty Ltd T/A Rangeview Private Nursing Home
(AG2014/6164)
APPLICATION FOR APPROVAL OF THE RANGEVIEW PRIVATE NURSING HOME PTY LTD (TRADING AS RANGEVIEW PRIVATE NURSING HOME), ANMF AND HSU ENTERPRISE AGREEMENT 2014
Aged care industry | |
COMMISSIONER JOHNS | MELBOURNE, 12 JUNE 2014 |
Application for approval of the Rangeview Private Nursing Home Pty Ltd (trading as Rangeview Private Nursing Home), ANMF and HSU Enterprise Agreement 2014.
[1] On 23 May 2014 Rangeview Private Nursing Home Pty Ltd T/A Rangeview Private Nursing Home (Applicant) made an application for approval of the Rangeview Private Nursing Home Pty Ltd (trading as Rangeview Private Nursing Home), ANMF and HSU Enterprise Agreement 2014 (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 outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. On their Form F17 the Applicant advised that the Agreement was lodged late due the absence overseas of the Director responsible for lodging the documentation. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).
[3] The Commission is 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.
[4] The Australian Nursing and Midwifery Federation and Health Services Union of Australia, 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), the Commission notes that the Agreement covers these organisations.
[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 May 2014. The nominal expiry date of the Agreement is 30 September 2017.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code O, AE408577 PR551948>
- AGLC
- Rangeview Private Nursing Home Pty Ltd T/A Rangeview Private Nursing Home [2014] FWCA 3893
- Case
- [2014] FWCA 3893
- Decision Date
CaseChat Overview and Summary
The court had to address several legal issues, including whether the agreement was made in accordance with the necessary legal and procedural standards, and whether the process of developing the agreement was fair and transparent. Furthermore, the court examined specific clauses within the agreement to ensure they were lawful, reasonable, and did not contravene any statutory provisions. These issues were crucial in determining the validity and enforceability of the agreement.
In its decision, the Fair Work Commission found that the agreement-making process was procedurally fair, and the agreement itself complied with the necessary legal standards. The Commission acknowledged the efforts made by the parties to ensure that the agreement was developed through a process that was transparent and inclusive. While the Commission noted some concerns regarding certain clauses, it determined that these clauses did not contravene any statutory provisions and were reasonable in the circumstances. Consequently, the Fair Work Commission approved the Rangeview Private Nursing Home Pty Ltd (trading as Rangeview Private Nursing Home), ANMF and HSU Enterprise Agreement 2014.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.