DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rosha Pty Ltd
(AG2014/10994)

ROSHA PTY LTD - ANMF-SA NURSES ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 19 JANUARY 2015

Application for approval of the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rosha Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am 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.

[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) of the Act 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 26 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rosha Pty Ltd, the respondent in this case, brought an application before the Fair Work Commission for the approval of the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2014. The Australian Nursing and Midwifery Federation (SA Branch), the applicant, had negotiated the agreement on behalf of the nurses employed by Rosha. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the process of bargaining and the terms and conditions it established. The Commission had to determine if the agreement was genuinely bargained, if it adhered to the good faith obligations of the parties, and if it contained appropriate terms and conditions for the employees.

In delivering its decision, the Commission examined the process through which the agreement was negotiated and whether it adhered to the requirements of genuine bargaining. The Commission also evaluated if the agreement complied with the good faith obligations as stipulated in the Act. It found that the agreement was genuinely bargained for and that it contained fair and reasonable terms and conditions for the employees. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Rosha Pty Ltd - ANMF-SA Nurses Enterprise Agreement 2014, finding it to be in compliance with the statutory requirements under the Fair Work Act. The Commission's decision was based on the conclusion that the agreement was genuinely negotiated, met the good faith obligations, and provided fair terms and conditions for the employees.

Rosha 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