DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sale Elderly Citizens Village Inc. T/A Ashleigh House
(AG2014/9839)

SALE ELDERLY CITIZENS VILLAGE INC. (TRADING AS ASHLEIGH HOUSE), ANMF AND HSU ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Sale Elderly Citizens Village Inc. (trading as Ashleigh House), ANMF and HSU Enterprise Agreement 2014.

[1] On 11 November 2014 Sale Elderly Citizens Village Inc. (Applicant) made an application for approval of the Sale Elderly Citizens Village Inc. (trading as Ashleigh House), 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 December 2014. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sale Elderly Citizens Village Inc., trading as Ashleigh House, filed an application seeking approval for their 2014 Enterprise Agreement with the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU). The application arose from negotiations involving the terms and conditions of employment for the employees covered by the agreement. The Commission was tasked with determining whether the proposed agreement complied with the relevant legislative framework and if it met the requirements for approval.

The central legal issues before the Commission were whether the proposed agreement adequately covered the minimum terms and conditions mandated by the Fair Work Act 2009, whether the agreement had been made free from any improper conduct, and if the agreement met the "better off overall test" (BOOT). The latter required the Commission to assess whether the proposed agreement provided employees with terms and conditions at least as good as those provided under the applicable award or safety net.

The Commission found that the proposed agreement complied with the legislative requirements and contained the necessary minimum terms and conditions. It concluded that the agreement had been made without any improper conduct and satisfied the BOOT. The Commission highlighted that the proposed agreement provided employees with improved terms and conditions compared to the applicable award, including higher wages and better working conditions. Consequently, the Commission approved the Sale Elderly Citizens Village Inc. T/A Ashleigh House, ANMF and HSU Enterprise Agreement 2014, with the approval taking effect from the date of the decision.

The final orders of the Commission included the approval of the Enterprise Agreement and directed that it be registered with the Fair Work Commission. The agreement was to be binding on all parties from the date of the decision, ensuring that the improved terms and conditions would apply to the employees covered by the agreement. The Commission's decision provided clarity on the application of the Fair Work Act 2009 to the proposed agreement, setting a precedent for future negotiations and agreements within the sector.

Sale Elderly Citizens Village Inc. T/A Ashleigh House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established