DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resthaven Incorporated T/A Resthaven
(AG2018/131)

RESTHAVEN INCORPORATED NURSING EMPLOYEES ANMF ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2018

Application for approval of the Resthaven Incorporated Nursing Employees ANMF Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Resthaven Incorporated Nursing Employees ANMF Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Resthaven Incorporated T/A Resthaven. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Resthaven Incorporated T/A Resthaven sought the Fair Work Commission's approval for the Resthaven Incorporated Nursing Employees ANMF Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for nursing staff at Resthaven's aged care facilities. The applicant argued that the proposed agreement was in the best interests of the employees and the employer, while the respondent raised concerns about specific provisions within the agreement.

The court needed to determine whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees and employer. This required an examination of whether the agreement met the requirements for "better off overall" and "freely and fairly" negotiated. The court also needed to consider the balance of the agreement and whether it promoted workplace harmony and productivity.

The court found that the agreement was in the best interests of the employees and the employer, as it was "better off overall" and "freely and fairly" negotiated. The court considered the agreement to be fair and reasonable, promoting workplace harmony and productivity. The court found that the agreement met the requirements of the Fair Work Act 2009 and was therefore approved.

The court approved the Resthaven Incorporated Nursing Employees ANMF Enterprise Agreement 2017, subject to certain conditions and modifications to address the concerns raised by the respondent. The court also set a date for the agreement to commence and provided that it would be registered with the Fair Work Commission.

Resthaven Incorporated T/A Resthaven

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established