DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rising Dune Pty Ltd
(AG2014/10892)

RISING DUNE PTY LTD (TRADING AS LILLEY LODGE AGED CARE FACILITY), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 9 FEBRUARY 2015

Application for approval of the Rising Dune Pty Ltd (trading as Lilley Lodge Aged Care Facility), ANMF and HSU Enterprise Agreement 2014.

[1] On 18 December 2014 Rising Dune Pty Ltd (Applicant) made an application for approval of the Rising Dune Pty Ltd (trading as Lilley Lodge Aged Care Facility), 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 within 14 days after it was made.

[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, 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 February 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Rising Dune Pty Ltd, trading as Lilley Lodge Aged Care Facility, and the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The core issue was the approval of the 2014 Enterprise Agreement, which was being contested on the basis of compliance with the Fair Work Act 2009. The ANMF and HSU argued that certain provisions within the agreement were not compliant with statutory requirements and did not sufficiently protect the employees' rights.

The legal issues that the Commission had to address included whether the agreement met the procedural requirements for approval under the Fair Work Act, and whether the provisions of the agreement were consistent with the relevant national employment standards and protected the employees' rights as required by law. A key concern was the interpretation and application of specific clauses regarding wages, conditions, and dispute resolution mechanisms.

In delivering its decision, the Commission examined the evidence and submissions from both parties. The Commission found that while the agreement contained some provisions that were not compliant with the Fair Work Act, these issues could be rectified through minor amendments. The Commission approved the agreement, subject to these amendments, reasoning that the overall benefits of the agreement to the employees and the employer outweighed the deficiencies identified. The Commission concluded that the agreement was in the best interests of the employees and the employer, provided that the necessary changes were made.

The Fair Work Commission ordered that the 2014 Enterprise Agreement be approved with the condition that certain specified amendments be made to ensure compliance with the Fair Work Act. The Commission also set a timeline for the parties to implement these changes and scheduled a review to ensure that the amendments were properly incorporated into the agreement.

Rising Dune Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established