DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riverview Lutheran Rest Home Inc
(AG2016/2825)

RIVERVIEW LUTHERAN REST HOME INC NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Riverview Lutheran Rest Home Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Riverview Lutheran Rest Home Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riverview Lutheran Rest Home Inc. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Riverview Lutheran Rest Home Inc, sought approval of an enterprise agreement with its nursing employees. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The respondent, the Australian Nursing and Midwifery Federation, represented the employees. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act, specifically if it provided for the fair and efficient operation of the workplace, the needs of vulnerable employees, and other relevant matters.

The court had to determine whether the proposed agreement appropriately balanced the interests of the employer and the employees. This involved examining whether the agreement provided for the fair and efficient operation of the workplace, and whether it appropriately addressed the needs of vulnerable employees, including those with disabilities or special needs. The court also considered whether the agreement met the "better off overall test," ensuring that employees were not worse off financially compared to their previous conditions.

The Fair Work Commission found that the agreement met the legislative requirements. The agreement provided for the fair and efficient operation of the workplace and appropriately addressed the needs of vulnerable employees. The Commission was satisfied that the agreement met the "better off overall test," ensuring that employees would not be worse off financially. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the Riverview Lutheran Rest Home Inc Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016. The approval was made under section 231 of the Fair Work Act 2009, ensuring the agreement met the legislative requirements and balanced the interests of both the employer and employees.

Riverview Lutheran Rest Home Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established